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Full text of "North Carolina Register v.12 no. 8 (10/15/1997)"

NORTH CAROLINA 

REGISTER 



VOLUME 12 • ISSUE 8 • Pages 612 742 
October 15, 1997 



IN THIS ISSUE 

Executive Orders 

Labor - Verbatim & Automatic Adoptions 

Administrative Hearings, Office of 

Certified Public Accountant Examiners 

Environment and Natural Resources 

Human Resources 

Justice 

Landscape Architects, Board of 

Physical Therapy Examiners 

Professional Engineers & Land Surveyors 

Real Estate Commission 

Transportation 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611- 744 7 
Telephone (919) 733-2678 
Fax (919) 733-3462 







This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 J. 13 



-! 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below The bolded headings are typical issues which the given agency 
can address, but are not inclusive. 

Rule Notices, Filings. Register, Deadlines. Copies of Proposed Rules, etc. 

Office of Administrative Hearings 

Rules Division 

Capehart-Crocker House (9 1 9) 73 3-2678 

424 North Blount Street (919) 733-3462 FAX 

Raleigh. North Carolina 27601-2817 



contact: Molly Masich. Director APA Ser\ ices 
Rubv Creech. Publications Coordinator 



mmasich'tfoah.state nc.us 
rcreech^:oah. state nc. us 



1 
I 



Fiscal Notes & Economic Analysis 

Office of Slate Budget and Management 

116 West Jones Street 

Raleigh. North Carolina 27603-8005 

contact: Mark Sisak. Economist III 
Anna Tefft. Economist II 



(919)733-7061 
(919) 733-0640 FAX 

msisak^osbm.state.nc.us 

atefft,'S,osbm. state. nc. us 



Rule Review and Legal Issues 

Rules Re\ lew Commission 
1307 Glemvood Ave.. Suite 159 
Raleigh. North Carolina 27605 

contact: Joe DeLuca Jr.. Staff Director Counsel 
Bobbv Br\ an. Staff Attorney 



I 



(919)733-2721 
(919) 733-9415 FAX 



Legislative Process Concerning Rule Making 

Joint Legislatn e Admimstratne Procedure CKersight Committee 

545 Legislatne Office Building 

300 North Salisbur> Street (919) 733-2578 

Raleigh. North Carolina 276 1 1 (9 1 9) 7 1 5-5460 FAX 



contact: Mary Shuping. Staff Liaison 



marys'Sms. ncga. state, nc. us 



County and Municipality Government Questions or Notification 

NC Association of Count>' Commissioners 

215 North Dawson Street (919) 715-2893 

Raleigh. North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC Leagtie of Municipalities 
215 North Dawson Street 
Raleigh. North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This 



publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 




Volume 12, Issue 8 
Pages 612 - 742 



October 15, 1997 



This issue contains documents officially filed 
through September 24, 1997. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



IN THIS ISSUE 

I. EXECUTIVE ORDERS 

Executive Orders 118-119 612 

II. IN ADDITION 
Labor 

Verbatim & Automatic Adoptions 613 

III. RULE-MAKING AGENDA 
Environment and Natural Resources 

Environmental Health 614 - 616 

Health Services 614 - 616 

Water Quality 614-616 

IV. RULE-MAKING PROCEEDINGS 
Administrative Hearings 

Hearings Division 621 

Human Resources 

Child Day Care Commission 617 - 618 

Facility Services 617 

Medical Assistance 618 

Vocational Rehabilitation 61.8 

Justice 

Alarm Systems Licensing Board 618-619 

Licensing Boards 

Certified Public Accountant Examiners 619 

Physical Therapy Examiners 619 

Professional Engineers & Land Surveyors 619 - 620 

Real Estate Commission 620 - 621 

V. PROPOSED RULES 

Environment and Natural Resources 

Environmental Management 650 - 696 

Health Services 696-709 

Justice 

Private Protective Services Board 622 - 624 

Sheriffs' Education & Training Standards 624 - 649 

VI. TEMPORARY RULES 

Environment and Natural Resources 

Coastal Resources 726 - 728 

Environmental Management 713 - 726 

Wildlife Resources Commission 728 - 729 

Human Resources 

Child Care Commission 710 - 713 

Licensing Boards 

Landscape Architects, Board of 730 - 732 

Transportation 

Motor Vehicles 729-730 

VII. RULES REVIEW COMMISSION 733-735 

VIII. CONTESTED CASE DECISIONS 

Index to ALI Decisions 736 - 741 

IX. CUMULATIVE INDEX 1-54 



Digitized by tine Internet Arciiive 

in 2011 witii funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg128nort 



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EXECUTIVE ORDERS 



EXECUTIVE ORDER NUMBER 118 
AMENDING EXECUTIVE ORDER 75 CONCERNING 
IMPLEMENTATION OF THE ALBEMARLE- 
PAMLICO ESTUAREVE STUDY 
RECOMMENDATIONS 

WHEREAS, Executive Order No. 75 was issued to 
establish mechanisms to achieve better local stakeholder 
involvement in environmental programs in the Albemarle- 
Pamlico Estuarine region by the creation of five regional 
Councils and one Coordinating Council; and 

WHEREAS, one Council, the Neuse River Basin Regional 
CouncU (NRBRC), has been established and has been meeting 
for over a year; and 



is to make recommendations to local, state, and 
federal regulatory authorities on how to maintain 
and improve water quality and other 
environmental resources in their individual river 
basins. Each Regional Council will set their 
own priorities and develop a plan of work which 
will address those priorities. The Councils shall 
also advise the public and affected stakeholders 
of actions and information relevant to 
environmental management in the basin. 
The Councils shall have no authority other than 
as advisory bodies. 



Subject to the amendments provided above. 
Order No. 75 shall remain in full force and effect. 



Executive 



WHEREAS, the State's enviromnental management 
programs have benefited from the experiences of that Council 
which have demonstrated that certain modifications can be 
made to the original Executive Order which will lead to more 
effective and productive local involvement programs. 

NOW, THEREFORE, by the power vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, IT IS ORDERED that the following sections of 
Executive Order No. 75 are amended to read as follows: 

Section 2. Re gional Councils. 

A. Composition. 

1. Basins to be represented by the Councils. 

Five separate Regional Councils shall represent 
each of the following five basins, with the area 
of the river basin being defined by the 
hydrologic boundaries ascribed to it by the 
North Carolina Division of Water Quality 
(DWQ): 



This order is effective immediately. 

Done in the Capital City of Raleigh, 
the 15th day of September, 1997. 



North Carolina, this 



EXECUTIVE ORDER NO. 119 

RESCISSION OF GOVERNOR MARTIN 

EXECUTIVE ORDER NO. 169 

WHEREAS, Governor James G. Martin signed Executive 
Order No. 169 on the 26th day of June, 1992, and thereby 
implemented criminal record checks of applicants for direct 
care positions within the former Department of Human 
Resources, now the Department of Health and Human 
Services; and, 

WHEREAS, the North Carolina General Assembly passed 
Senate Bill 924, S.L. 1997-260, which will become effective 
October 1, 1997, and which will provide for criminal record 
checks for these applicants; and. 



B. 



2. Membership of the Regional Coimcils. 

d. Local govenmient representatives shall serve 
at the pleasure of the appointing authority and 
any local government vacancies in the Coimcil 
shall be filled by the appointing authority. In the 
event of an interest group vacancy, the Secretary 
of the Department of Environment and Natural 
Resources shall solicit nominations from current 
Council members, the Department, and the 
general public. Interest group representatives 
serve at the pleasure of the Secretary. The 
Secretary will select an acting chair of each 
Council who will serve until the official 
selection of a chair by the Council membership 
is accomplished. 

Duties. 

1 . A major responsibility of the Regional Councils 



WHEREAS, by virtue of this legislative action, there is no 
longer a need for Martin Executive Order No. 169 to remain 
in effect. 

NOW, THEREFORE, by the power vested in me as 
Governor by the Constitution and laws of North Carolina, IT 
IS ORDERED: 

Section L Rescission 

Executive Order No. 169 executed by Governor James G. 
Martin on June 26, 1992, is hereby rescinded. 



Section 2^ Effective Date 

This rescission shall be effective October 1 , 



1997. 



Done in the Capital City of Raleigh, North Carolina, this 
the 15th day of September, 1997. 



J2:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



612 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or ha\'e been approved by the Codifier 
of Rules for publicatiort 



North Carolina Department of Labor 
Division of Occupational Safety and Health 



NOTICE OF VERBATIM AND AUTOMATIC ADOPTIONS 
OF FEDERAL STANDARDS 

In consideration of G.S. 150B-21.5(c;, the Occupational Safety and Health Division of the Department of Labor hereby give: 
notice that: 

(1) it has submitted a permanent rule change to amend 13 NCAC 07F.0101 to reflect the verbatim adoption of recentl) 
issued federal OSHA amendments to the Methylene Chloride standard: 29 CFR 1910.1052. The federal OSH/i 
amendments address compliance startup dates and the effective dates for compliance with the collection of informatioi 
and paperu'ork requirements. [Refs: 62 FR 42666. 8/8/97; 62 FR 43581, 8/14/97; 62 FR 48175, 9/15/97] 

(2) it has submitted a permanent rule change to amend 13 NCAC 07F.0501 to reflect the verbatim adoption of recentl} 
issued federal OSHA amendments to the Shipyard Employment standards: 29 CFR 1915. The federal OSH^A 
amendments address the effective dates for compliance with the collection of information and paperwork requirement: 
associated with personal protective equipment for shipyard employment. [Ref. : 62 FR 33547 dated 6/20/97] Fron 
an OSHNC enforcement f)erspective, this rule is only applicable to public sector employees of local governments or o 
the State of North Carolina. The effective date of the NC Administrative Code rule change is October 15, 1997. 

(3) it has submitted permanent rule changes to amend 13 NCAC 07F.0101 and 13 NCAC 07F.0502 to reflect the 
verbatim adoption of recently issued federal OSHA amendments to 29 CFR 1910 and 29 CFR 1917. In the July 25 
1997, Federal Register [62 FR 40141-40234] federal OSHA promulgated a Final Rule that constituted 
comprehensive rewrite and update of the regulations for Longshoring and parallel sections of the General Industry anc 
Marine Terminals standards. 29 CFR 1910, 29 CFR 1917, and 29 CFR 1918 were affected. From an OSHNC 
enforcement perspective, 29 CFR 1918 (Longshoring) is outside of OSHNC jurisdiction and the balance of this fma 
rule is onl\ applicable to public sector employees of local governments or of the State of North Carolina. [Ref. 
N.C.G.S. 95-128] The effective date of the NC Administrative Code rule change is October 15, 1997. 

(4j the North Carolina Administrative Code at 13 NCAC 07A.0301 automatically includes amendments to certain parts ol 
the Code of Federal Regulations (CFR), including 29 CFR 1904, Recording and Reporting Occupational Injuries anc 
Illnesses. 

Two automatic adoptions have occurred recently. On August 13. 1997. federal OSHA announced the renewal of iti 
current Office of Management and Budget (0MB) approval for 29 CFR 1904.8. 29 CFR 1904.8 addresses the 
reporting of occupational fatality or multiple hospitalization incidents. [Ref.; 62 FR 43355] On August 22, 1997 
federal OSHA issued a Final Rule that consolidates and displays the 0MB control numbers applicable to 29 CFR 1904 
into a single section: 29 CFR 1904.30. [Ref.: 62 FR 44552] This is only editorial; none of the approvals oi 
requirements are new. 

For additional information regarding these verbatim and automatic adoptions please contact: 

Peggy D. Morris 

Division of Occupational Safetv' and Health 

319 Chapanoke Road 

Raleigh, NC 27603-3432 

(919) 662-4581 



( 



613 NORTH CAROLINA REGISTER October 15, 1997 12:8 



RULE-MAKING AGENDA 



An agency may choose to publish a rule-making agenda which serves as a notice of rule-making proceedings if the 
agenda includes the information required in a notice of rule-making proceedings. The agency must accept comments on 
the agenda for at least 60 dcrys from the publication date. Statutory reference: G.S. 150B-21.2. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 

This supplemental agenda will serve as the notice of rule-making proceedings for the following rule-making bodies from 
October 15, 1997 through December 15, 1997: Commission for Health Services - to rules codified in 15A NCAC 18A; 
Department of Environment and Natural Resources - to rules codified in 15A NCAC IJ and IN. 

DENR Regulatory Agenda Index - September 24, 1997 

F.NVIRGNMENTAL HEALTH/PUBLIC WATER SUPPLY 
APA£ SUBJECT RULE CITATION tt 

A3469 Drinking Water State Revolving 15A NCAC IN These will be filed as 

Fund (DWSRF) temporary rules. 

WATER QUALITY/CONSTRUCTION GRANTS 

APA* SUBJECT RULE CITATION ft 

A3470-a Comprehensive land-use plans to 15A NCAC IJ .0401 & .0402 These will be filed as 

be included in priority criteria temporary rules. 

ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

APA # SUBJECT RULE CITATION # 

H6829 Rules Governing Public 15A NCAC 18A .2508; .2513; .2515; .2517; .2518; .2522; 

Swimming .2526; .2528; .2530; .2531; .2532; .2535; .2537; .2539; .2543 

Pools (15A NCAC 18A .2500) 

APA tt: A3469 

SUBJECT: Drinking Water State Revolving Fund (DWSRF) 

RULE CITATION tt: 15 A NCAC IN 

STATUTORY AUTHORITY: G.S. 159G-5(d) 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY 

DIVISION CONTACT: Jessica Miles 

DIVISION CONTACT TEL#: (919)733-2321 

DATE INITIATED: 9/23/97 

DURATION OF RULE: Temporary 1/31/98 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION: 

To establish procedures and criteria for making low interest loans from the Drinking Water State Revolving Fund 

(DWSRF). 

SCOPE/NATURE/SUMMARY: 

Financial assistance to public water supply systems under Title XIV of the Federal Safe Drinking Water Act 

Amendments of 1996. 

APA tt: A3470-a 

SUBJECT: Comprehensive land-use plans to be included in priority criteria 

RULE CITATION tt: 15A NCAC IJ .0401 & .0402 

STATUTORY AUTHORITY: G.S. 159G-10 

DIVISION/SECTION: WATER QUALITY/CONSTRUCTION GRANTS 

DIVISION CONTACT: Bobby Blowe 

DIVISION CONTACT TEL#: (919)733-6900 



12:8 NORTH CAROLINA REGISTER October 15, 1997 614 



RULE-MAKING AGENDA 



DATE INITIATED: 9/23/97 

DURATION OF RULE: Temporary 10/23/97 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

House Bill 515 enacted by the 1997 General Assembly amends G.S. 159G-10 which governs the priority criteria fo 

funding wastewater and water supply projects. It makes the existence of a comprehensive land-use plan an additiona 

general criteria for prioritizing local units of government for loan or grant funds. In doing so, it describes differen 

levels of priority including the existence of a comprehensive land-use plan, a plan that exceeds minimum state standard 

for the protection of water resources, and actions which have been taken to implement the plan. The Section propose 

to amend 15A NCAC IJ .0401 and .0402 in order to comply with House Bill 515, and proposes a range of bonus poini 

of between 5 and 10 to be added to existing criteria. 

APA #: H6829 

SUBJECT: Rules Governing Public Swimming Pools (15A NCAC 18A .2500) 

RULE CITATION #: 15A NCAC 18A .2508; .2513; .2515; .2517; .2518; .2522; .2526; .2528; .2530; .2531; .2532 

.2535; .2537; .2539; .2543 

STATUTORY AUTHORITY: G.S. 130A-282 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Jim Hayes 

DIVISION CONTACT TEL#: (919)715-0924 

DATE INITIATED: 9/22/97 

DURATION OF RULE: Permanent 5/1/99 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

.2508 Definitions 

The definition of "repair" is being expanded to include deck replacements in some circimistances. This will save poo! 

owners from having to submit engineered plans for deck replacements. 

.2513 Sewage System and Other Wastewater Disposal 

To allow deck drains to drain indirectly to a sewer without an air gap. This will simplify construction of pools in some 

circumstances. 

.2515 Design Details 

One change limits the circumstances under which a hydrostatic relief valve is required and could result in cost saving 
on shallow pools. Another change will allow decorative features such as waterfalls or swim-up bars in swimming pools 
if they meet certain guidelines. 

.2517 Diving Equipment 

Increase the required diving area depth for a one meter diving board to ten feet to be consistent with national standards. 

.2518 Circulation System 

Technical change to correct inaccurate information. 

.2522 Decks 

Prohibit pools from being built significantly above or below deck level. 

.2526 Dressing and Sanitary Facilities 

Require restrooms near pools at hotels and motels where the farthest guest room is more than 300 feet from the pool. 

Reduce the number of toilets, urinals, lavatories and showers required at very large public pools. 

.2528 Fences 

Meet national standards for pool fences with respect to climbability and accessability of gate latches. 



615 NORTH CAROLINA REGISTER October 15, 1997 12:8 



RULE-MAKING AGENDA 



.2530 Safety Provisions 

Accept alternative safety equipment now being used by some lifeguards. Require a telephone or other means of 

emergency notification within 300 feet of all pools. 

.2531 Wading Pools 

Increase fence height for wading pools to four feet to be consistent with national standards. 

.2532 Spas and Hot Tubs 

Change construction standards for spa drains to meet national standards. 

.2535 Water Quality Standards 

Allow chlorine or bromine feeders which meet NSF International guidelines. 

.2537 Maintenance and Operation 

Require existing pools to be surrounded by a fence or other structure which will exclude small children. 

.2539 Suction Hazard Reduction 

Require multiple suction outlets for all public pools to reduce the risk of entrapment on a single suction outlet. 

.2543 Water Recreation Attractions 

Establish standards for waterpark rides and allow those rides to vary from the standards for other types of public 

swimming pools. 



12:8 NORTH CAROLINA REGISTER October 15, 1997 616 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a 
rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
G.S. 150B-21.2. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 
CHAPTER 3 - FACILITY SERVICES 

^^otice of Rule-making Proceedings is hereby given by the 
Division of Facility Services in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the text of the rules it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 3R .0214. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 131E-177(1) 

Statement of the Subject Matter: Clarifies the terms 
(comparable) as use in the definition of "Replace Equipment " 
set forth in G.S. 131E-176(22a). 

Reason for Proposed Action: The rule was the subject of a 
contested case and is being changed based on the Agency 
conclusions in that case. The agency is recommending the 
following: 

.0214 REPLACEMENT EQUIPMENT 

(a) The purpose of this Rule is to define the terms used in 
the definition of "replacement equipment" set forth in 
G.S.131E-176(22a). 

(b) "Activities essential to acquiring and making 
operational the replacement equipment" means those activities 
which are indispensable and requisite, absent which the 
replacement equipment could not be acquired or made 
operational . 

(c) "Comparable medical equipment" means equipment 
which is functionally similar and which is used for the same 
diagnostic or treatment purposes. 

(d) Replacement equipment is comparable to the equipment 
being replaced if: 

(1) it has the same basic technology as the equipment 
currently in use, although it may possess expanded 
capabilities due to technological improvements; and 

(2) it is functionally similar and is used for the same 
diagnostic or treatment purposes as the equipment 
currently in use and is not used to provide a new 
health service; and 

(3) the acquisition of the equipment does not result in 
more than a 10% increase in patient charges or per 



procedure operating expenses within the first twelve 
months after the replacement equipment i 
acquired; and 



(4^ — it will be located on the same site o r campus as tli e 

equi p ment cu rr ently in use. 

(e) Replacement equipment is not comparable to the 

equipment being replaced if: 

( 1 ) the replacement equipment is new or reconditioned, 
the existing equipment was purchased second-hand, 
and the replacement equipment is purchased less 
than three years after the acquisition of the existing 
equipment; or 

(2) the replacement equipment is new, the existing 
equipment was reconditioned when purchased, and 
the replacement equipment is purchased less than 
three years after the acquisition of the existing 
equipment; or 



(3) — the r e p lacement equi p ment is permanently fixed 



equi p ment and the existing equi p ment is one a piece 



WOi 



i^m 



of mobile equi p ment which is sha r ed between two 
o r mo r e facilities; o r 
the replacement equipment is capable of performing 
procedures that could result in the provision of a 
new health service or type of procedure that has not 
been provided with the existing equipment; or 
the replacement equipment is purchased and the 
existing equipment is leased, unless the lease is a 
capital lease. 



Comment Procedures: Written comments concerning this 
rule-making action must be submitted by December 15, 1997 
to Jackie Sheppard; Rule-making Coordinator, Division of 
Facility Services. PO Box 29530, 701 Barbour Drive, 
Raleigh, NC 27603. 

SUBCHAPTER 3U - CHILD DAY CARE STANDARDS 

\Totice of Rule-making Proceedings is hereby given by the 
J. y North Carolina Child Care Commission in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish 
in the Register the text of the rules it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 3U. 



617 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



RULE-MAKING PROCEEDINGS 



Authority for the rule-making: G.S. 143B-168.3 

Statement of the Subject Matter: Child Day Care Rules 

Reason for Proposed Action: The North Carolina General 
Assembly recently enacted S.L. 97-0506 which revises G.S. 
110, the law for child care centers and family child care 
homes. The North Carolina Child Care Commission proposes 
to review all the child day care rules for any changes needed 
to conform to the new child care law. 

Comment Procedures: Questions or written comments 
regarding this matter may be directed to Nancy Guy, APA 
Coordinator, Division of Child Development, 319 Chapanoke 
Road, PO Box 29553, Raleigh, NC 27526-0553; (919)662- 
4543. 



CHAPTER 26 - DIVISION OF MEDICAL ASSISTANCE 

^^otice of Rule-making Proceedings is hereby given by the 
DHHS - Division of Medical Assistance in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish 
in the Re gister the text of the rules it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 26H .0401. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 108A-25(b) 

Statement of the Subject Matter: This rule establishes and 
sets parameters that are used to establish maximum physician 
allowables. 



CHAPTER 20 - VOCATIONAL REHABILITATION 

A Totice of Rule-making Proceedings is hereby given by the 
1 y Department of Health and Human Services - Division of 
Vocational Rehabilitation Services in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the text of the rules it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCA C 20C . 0200, . 0600. Other rules may be proposed in 
the course of the rule-making process. 

Authority for the rule-making: G.S. 143-545A; 143-546A; 
34 C.F.R. 361.36; 34 C.F.R. 361.41; 34 C.F.R. 361.42: 34 
C.F.R. 361.43; 34 C.F.R. 361.44 

Statement of the Subject Matter: The rules in these 
sections deal with eligibility for services and the order of 
selection for when the Division has insufficient resources to 
serve all applicants who are determined eligible. The rules 
will be amended to require that the Division determine each 
client's priority category and notify the individual of the 
category only when the Division implements an order of 
selection. 

Reason for Proposed Action: The final Federal regulation 
regarding order of selection for services issued February 11, 
1997 requires the assignment of an individual to a particular 
category and notification of that assignment when the State 
implements an order of selection. 

Comment Procedures: Written comments should be mailed 
to Jackie Stalnaker, P.O. Box 26053, Raleigh, NC 27611. 

******************* 



Reason for Proposed Action: To cap physician allowable 
amounts not to exceed the Medicare allowable amount for the 
same or similar services, or if the fee may exceed the 
Medicaid fees for similar services, or if the fee is too high in 
relation, to the skills, time and other resources required to 
provide the particular service. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted to Portia W. Rochelle, 
Rule-making Coordinator, Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, NC 27603. 



TITLE 12 - DEPARTMENT OF JUSTICE 

CHAPTER 11 - N.C. ALARM SYSTEMS LICENSING 
BOARD 

A Totice of Rule-making Proceedings is hereby given by the 
1 y North Carolina Alarm Systems Licensing Board in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Re gister the text of the rule it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

12 NCAC 11 .0210. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 74D-5(a)(2) 

Statement of the Subject Matter: To amend the 
requirements for the electrical test approved by the Board. 

Reason for Proposed Action: The Board has determined 
that it no longer needs to approve and administer an electrical 
test. This amendment will not affect the requirement that 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



618 



RULE-MAKING PROCEEDINGS 



each firm, association, corporation, department, division, or 
branch office must maintain at all times a licensee or 
registered employee who holds a license for either a SP-LV, 
limited, intermediate or unlimited examination as 
administered by the Board of Examiners of Electrical 
Contractors. 

Comment Procedures: Written comments concerning this 
rule-making activity' may be submitted to W.A. Haggard. Ill, 
Administrator, NC Alarm Systems Licensing Board, 3320 Old 
Garner Rd., Raleigh, NC 27626. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 8 - BOARD OF CERTIFIED PUBLIC 
ACCOUNTANT EXAMINERS 

A Totice of Rule-making Proceedings is hereby given by the 
1 y North Carolina State Board of Certified Public 
Accountant Examiners in accordance with G.S. 150B-2L2. 
The agency shall subsequently publish in the Register the text 
of the rules it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on this 
notice. 

Citation to Existing Rules Affected by tliis Rule-Making: 

21 NCAC 8A .0309: 8F .0103. .0105. .0302, .0304, .0401, 
.0410; 8G .0404. .0406; 8H .0001; 81 .0005; 8J .0001, 
.0006, .0008; 8K .0301. Other ndes may be proposed in the 
course of the rule-making process. 



Authority for tiie rule-making: 

12(8b); 93-I2(8c); 93-12(9) 



G.S. 55B; 93-12(3); 93- 



Statement of the Subject Matter: The NC State Board of 
CPA Examiners proposes to amend rules relevant to the 
Uniform CPA Examination (definitions, applications, 
conditioning, and education requirements); CPA certification; 
continuing professional education (CPE); reciprocal 
certification; certificate status (renewal, revocation, 
forfeiture, surrender, reissuance, and reinstatement); firm 
registration; and registered limited liability partnerships. The 
rule proposed for adoption clarifies the education requirement 
for CPA certification. 

Reason for Proposed Action: To amend and adopt language 
resulting from recent statutory changes. To clarify- 
application and conditioning requirements for CPA exam 
candidates. To clarify CPA certification requirements, 
continuing professional education (CPE), and certificate 
status. To clarify filing requirements for firms and registered 
limited liability partnerships. 

Comment Procedures: Any person interested in these ndes 



may submit comments by mailing the comments to Robert N. 
Brooks. E.xecutive Director, NC State Board of CPA 
Examiners, PO Box 12827. Raleigh, NC 27605. 

CHAPTER 48 - NORTH CAROLINA BOARD OF 
PHYSICAL THERAPY EXAMINERS 

A Totice of Rule-making Proceedings is hereby given by the 
1 V North Carolina Board of Physical Therapy Examiners in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings arui any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

21 NCAC 48A .0003, .0005; 48B .0002; 48C , Section .0100 
(.0101, .0102. .0103), Section .0300 (.0301, .0302, .0401); 
48D .0002. .0003. .0004. .0005, .0006, .0009. .0010; 48E. 
Section .0100 (.0101, 0104, .0110); 48F .0002; 48G, Section 
.0200 (.0202), Section .0400 (.0403, .0404). Section .0500 
(.0504. .0512. ) Section .0600 (.0601). Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 90-270.24 through 90- 
270.39 

Statement of the Subject Matter: Rules related to 
examinations and testing procedures, language requirements 
for foreign trained, graduate categories, fees, and 
disciplinary actions. 

Reason for Proposed Action: To bring rules into 
compliance with changes in testing procedures from paper 
and pencil examinations to computer based testing (CBT), to 
eliminate the categories of "Graduate Physical Therapist and 
Graduate Physical Therapist Assistant " as CBT has replaced 
this need, to set the language requirements for foreign trained 
applicants to the standards recommended by the Federation of 
State Boards of Physical Therapy, to clarify responsibilities of 
licensees, to raise application fees ($10.00) for Physical 
Therapist Assistants to more accurately reflect actual costs of 
administration, to identify new areas of disciplinary action as 
suggested by the Board's Investigative Committee, to clearly 
authorize subpoena power to the Investigative Committee for 
patient records, and to make rules gender neutral. 

Comment Procedures: Written comments may be submitted 
on the subject matter of the proposed rule making to Ben F. 
Massey, Jr.. PT, Executive Director, at the Board's office. 
Address; 18 West Colony Place, Suite 120, Durham, NC, 
27705, Fax 919-490-5106. 

******************* 
CHAPTER 56 - BOARD OF PROFESSIONAL 



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ENGINEERS AND LAND SURVEYORS 

A Jotice of Rule-making Proceedings is hereby given by the 
1 V North Carolina State Board of Registration for 
Professional Engineers and Land Surveyors in accordance 
with G.S. I50B-21.2. The agency shall subsequently publish 
in the Register the text of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

21 NCAC56. 

Authority for the rule-making: G.S. 89C-10(a) 

Statement of the Subject Matter: Board Rules for 
Professional Engineers and Land Surveyors 

Reason for Proposed Action: To incorporate Board 
approved changes and staff recommended technical changes 
and to make gender neutral. 

Comment Procedures: Submit comments in writing to the 
Rule-making Coordinator, David S. Tuttle, Board Counsel, 
NC State Board of Registration for Professional Engineers 
and Land Surveyors, 3620 Six Forks Rd., Suite 300, Raleigh, 
NC 27609. 

******************* 
CHAPTER 58 - REAL ESTATE COMMISSION 



\ Jotice of Rule-making Proceedings is hereby given by the 
1 y North Carolina Real Estate Commission in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish 
in the Re gister the text of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

21 NCAC 58A .0101, .0103 - .0105, .0107 - .0110, .0114, 
.0302, .0502, .0505 - .0506, .0601, .0613 - .0614 and .1702; 
.0402; and 58E .0407. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 47E-4(b); 55B-5; 66- 
68; 93A-1; 93A-2(b); 93A-3(c); 93A-4(a)(b)(d); 93A-4A; 93A- 
6(a); 93A-51; 93A-54(d); and 150B-38(h). 

Statement of the Subject Matter: 21 NCAC 58A .0101 - 
Display of License; .0103 - Change of Name or Address; 

0104 - Agency Agreements and Disclosure; .0105 - 
Advertising; .0107 - Handling and Accounting of Funds; 

0108 - Retention of Records; .0109 - Brokerage Fees and 
Compensation; .0110 - Broker-ln-Charge; .0114 - Residential 
Property Disclosure Statement; .0302 - Filing and Fees; 



. 0502 - Business Entities; . 0505 - Reinstatement of Expired 
License, Revoked, Surrendered or Suspended License; .0506- 
Salesman to be Supervised by Broker; .0601 
Form/Prep/Complaints/Motions/Other Pleadings /Contested 
Cases; .0613 - Scope; .0614 - Summary Suspension; .0614 - 
Summary Suspension; .1702 - Continuing Education 
Requirement; 21 NCAC 58B .0402 - Agency Disclosure in 
Timeshare Transactions; 21 NCAC 58E .0407 - Per Student 
Fee. 

Reason for Proposed Action: 21 NCAC 58A .0101 - to 
eliminate the requirement that real estate licensees display 
their license certificates at their offices, and instead require 
licensees to produce their license pocket cards upon request 
as proof of licensure. 21 NCAC 58A .0103 - to clarify that 
licensees must report personal and business name changes to 
the Commission within 10 days of such change. 21 NCAC 
58A .0104 - to include a discussion of designated agency in 
the 'Description of Agent Duties and Relationships" 
statement. 21 NCAC 58A .0105 - to eliminate the 
requirement that licensees furnish the Commission a copy of 
their assumed name registration certificate (s) when a firm or 
assumed name does not set forth the surname of the licensee. 
21 NCA C 58A . 0107 - to codify the requirement that brokers 
shall deposit cash into their trust accounts within three 
banking days; to clarify that licensees must safeguard trust 
monies, and not convert or allow others to convert them to 
their personal use; to codify a procedure for disposing of 
disputed and abandoned trust monies. 21 NCAC 58A .0108 - 
to codify that transaction records, including records of 
incomplete transactions, must be retained by the broker-in- 
charge of the office where the transaction was conducted. 21 
NCAC 58A .0109 -to codify that real estate licensees shall not 
compensate unlicensed persons or entities engaging in real 
estate brokerage activity in this state. 21 NCAC 58A .0110 - 
to clarify that a broker can be the broker-in-charge of more 
than one firm when all of the firms have the same physical 
location; to clarify that an office can have only one broker-in- 
charge; and to eliminate the requirement that a "Verification 
of Salesman Experience" form be furnished to all salesmen 
when they terminate their association with their brokers-in- 
charge, and instead require that the form be provided upon 
request from the salesman. 21 NCAC 58A .0114 - to codify 
the Residential Property Disclosure Statement required by 
G.S. 47E-4(b) and the requirement that licensees use said 
form. 21 NCAC 58A .0302 - to reinsert paragraph (c) which 
was inadvertently omitted from the existing rule. 21 NCAC 
58A .0502 - to codify the requirement that, when a licensed 
business entity is the principal broker of another licensed 
business entity, the individual licensed broker of the principal 
broker entity shall be responsible for assuring performance of 
the principal broker's duties with regard to both entities. 21 
NCAC 58A .0505 - to refine the requirements for 
reinstatement of a license that has been suspended, especially 
when the suspension is for more than one year. 21 NCAC 
58A . 0506 - to codify the requirement that, in addition to the 



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salesman's broker-in-charge, the salesman shall be 
responsible for notifying the Commission when the broker-in- 
charge terminates his/her supervision of the salesman. 21 
NCAC 58A .0601 - to codify that licensees must respond in 
writing to written inquiries from the Commission. 21 NCAC 
58A .0613 - to repeal obsolete rule regarding the Appraisal 
Board. 21 NCAC 58A .0614 - to codify procedures for the 
summary suspension of real estate licenses. 21 NCA C 58A 
. 1 702 - to codify that reinstatement of a revoked license, a 
surrendered license or a license expired for more than one 
year will be treated as an "initial licensure" for continuing 
education purposes. 21 NCAC 58B .0402 - to clarify that 
licensees must disclose their agency relationships to the 
parties in timeshare transactions. 21 NCAC 58E .0407 - to 
eliminate the requirement that continuing education sponsors 
must submit a separate check for each separate class session 
when paying student fees to the Commission. 

Comment Procedures: Written comments regarding the 
rules may be sent to or delivered to Ms. Janet B. Dutton do 
NC Real Estate Commission. PO Box 17100. 1313 Navaho 
Dr.. Raleigh. NC 27619-7100. 



TITLE 26 - OFFICE OF ADMINISTRATIVE 
HEARINGS 

CHAPTER 3 - HEARINGS DIVISION 

\Totice of Rule-making Proceedings is hereby given by the 
1 y Office of Administrative Hearings in accordance with 
G.S. 150B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

26 NCAC 3. 

Authority for the rule-making: G.S. 7A-751 

Statement of the Subject Matter: Review of OAH rules 
governing the contested case procedures to assure compliance 
with current law and current OAH practice. 

Reason for Proposed Action: To assure that existing rules 
are in compliance with current laws and practices. 



Comment Procedures: Written comments should be directed 
to Susana Honeywell. Rule-making Coordinator, OAH. PO 
Drawer 27447. Raleigh. NC 27611; or written comments may 
be faxed to 919-733-3407 



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PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule -making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory 
reference: G.S. 150B-21.2. 



TITLE 12 - DEPARTMENT OF JUSTICE 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the N. C. Private Protective Services Board intends 
to amend rules cited as 12 NCAC 7D .0201, .0204, .0504, 
.0701, .0801, .0902 and .1106. Notice of Rule-making 
Proceedings was published in the Register for 12 NCAC 7D 
.0201, .0504, .0701. .0801 and .0902 on August 15, 1996. 
Notice of Rule-making Proceedings was published in the 
Register for 12 NCAC 7D .0204 and .1106 on October 15, 
1996. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 3:00 p.m. on 
November 3, 1997 at the SBI Conference Room, 3320 Old 
Garner Road, SBl/Highway Patrol Complex, Raleigh, NC 
27626. 

Reason for Proposed Action: 

12 NCAC 7D .0201, .0701, .0801, .0902 - The Board is 

proposing a change to the type and origin of criminal record 

checks that are submitted with an individual's application. 

12 NCAC ID .0504 - The current rule requires a polygraph 

instrument to have a "permanent simultaneous recording on a 

moving chart. " Technology has changed and new instruments 

no longer record data on a moving chart. 

12 NCAC 7D .0204, .1106 - The Board plans to amend the 

rules to allow consideration of legally gained experience only. 

Comment Procedures: Comments may be presented orally 
or in writing at the hearing. Other written comments 
concerning this rule-making activity must be submitted no 
later than November 18, 1997 to: W.A. Hoggard, III, 
Administrator, NC Private Protective Services Board, 3320 
Old Gamer Road, Raleigh, NC 27626. 



.0201 APPLICATION FOR LICENSES AND 
TRAINEE PERMITS 

(a) Each applicant for a license or trainee permit shall 
submit an original and one copy of the application to the 
Board. The application shall be accompanied by: 

(1) one set two sets of classifiable fingerprints on an 
applicant fingerprint card; 

(2) one recent head and shoulders photograph(s) of the 
applicant of acceptable quality for identification, 
one inch by one inch in size; 

(3) statc n icnts certified statement of the result of a 
local criminal history records search by the erty^ 

emmty identification bareati appropriate 

governmental authority housing criminal record 
information or clerk of superior court in each 
county where the applicant has resided within the 
immediate preceding 60 months; 

(4) the applicant's non-refundable application fee; and 

(5) actual cost charged to the Private Protective 
Services Board by the State Bureau of Investigation 
to cover the cost of criminal record checks 
performed by the State Bureau of Investigation, 
collected by the Private Protective Services Board. 

(b) Applications for trainee permits shall be accompanied 
by a notarized statement on a form provided by the Board and 
signed by the applicant and his prospective supervisor, stating 
that the trainee applicant shall at all times work with and 
under the direct supervision of that supervisor. 

(c) Private investigator trainees applying for a license must 
make available for inspection a log of experience on a form 
provided by the Board. 

(d) Each applicant must provide evidence of high school 
graduation either by diploma, G.E.D. certificate, or other 
acceptable proof. 

Authority 74C-2: 74C-5; 74C-8. 



Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds . These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 7 - PRIVATE PROTECTIVE SERVICES 

SUBCHAPTER 7D - PRIVATE PROTECTIVE 
SERVICES BOARD 

SECTION .0200 - LICENSES: TRAINEE PERMITS 



.0204 DETERMINATION OF EXPERIENCE 

(a) Experience requirements shall be determined in the 
following maimer: 

(1) one year experience = 1,000 hours; 

(2) two years experience = 2,000 hours; 

(3) three years experience = 3,000 hours. 

(b) Applicants must be prepared to make available upon 
request written documentation and/or verification of 
experience. 

(c) The Board may. fo r good cause, shall consider any 
only lawfullv gained experience claimed by the applicant if 
gained while not in p ossession of a valid when applying for a 



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PROPOSED RULES 



license, registration or trainee permit. Such experience may 
include formal classroom training which is directly related to 
the private protective services industry. The Board may grant 
one half hour of credit for each hour of formal training, but 
shall grant no more than two hundred hours. Paragraph (c) 
of this Rule is to be considered in addition to any other 
formal training credits. No credit shall be given for formal 
training required pursuant to these Rules. 

Authority- 74C-5: 74C-8. 

SECTION .0500 - POLYGRAPH 

.0504 POLYGRAPH INSTRUMENTS 

A polygraph examiner shall not conduct an examination 
unless the instrument used makes a permanent simultaneous 
recording on a moving cha r t of at least three physiological 
tracings: the pneumograph, the cardiophygmograph. and the 
galvanograph. This recording must be in a form suitable for 
examination by another polygraph examiner. Such recordings 
shall be available to the Board or its designated 
representative. This requirement shall not prohibit recording 
additional physiological phenomenon on the same charts. A 
polygraph examiner shall not conduct an examination on an 
instrument unless the manufacturer has provided information 
for self-calibration and sensitivity standards for that 
instrument. A polygraph examiner shall calibrate his 
instrument at least monthly and keep a signed and dated 
record of the dates of calibration as well as a signed and dated 
chart of that calibration. 

Authority 74C-5. 

SECTION .0700 - SECURITY GUARD REGISTRATION 
(UNARMED) 

.0701 APPLICATION FOR UNARMED SECUTUTY 
GUARD REGISTRATION 

(a) Each employer or his designee shall submit and sign an 
application form for the registration of each employee to the 
Board. This form shall be accompanied by: 

(1) one set two sets of classifiable fingerprints on an 
applicant fingerprint card; 

(2) two recent head and shoulders color photographs of 
the applicant of acceptable quality for identification, 
one inch by one inch in size; 

(3) statements of any c r miinal r eco r d obtained certified 
statement of the result of a criminal records search 
from the appropriate governmental authority 
housing criminal record information or clerk of 
superior court in each area where the applicant has 
resided within the immediate preceding 48 months; 

(4) the applicant's non-refundable registration fee; and 

(5) actual cost charged to the Private Protective 
Services Board by the State Bureau of Investigation 
to cover the cost of criminal record checks 
performed by the State Bureau of Investigation, 



collected by the Private Protective Services Board 

(b) The employer of each applicant for registration shall 
give the applicant a copy of the application and shall retain a 
copy of the application in the individual's personnel file in the 
employers 's office. 

(c) The applicant's copy of the application shall serve as a 
temporary registration card which shall be carried by the 
applicant when he is within the scope of his employment and 
which shall be exhibited upon the request of any law 
enforcement officer or other authorized representative of the 
Board. 

(d) A statement signed by a certified trainer that the 
applicant has successfully completed the training requirements 
of 12 NCAC 7D .0707 shall be submitted to the 
Administrator not later than 80 days from the hiring of an 
unarmed security guard. 

(e) A copy of the statement specified in Paragraph (d) of 
this Rule shall be retained by the licensee in the individual 
applicant's personnel file in the employer's office. 

Authority 74C-5: 74C-11: 74C-13. 

SECTION .0800 - ARMED SECURITY GUARD 
FIREARM REGISTRATION PERMIT 

.0801 APPLICATION/ARMED SECURITY GUARD 
FIREARM REGISTRATION PERMIT 

(a) Each employer or his designee shall submit and sign an 
application form for the registration of each employee to the 
Board. This form shall be accompanied by: 

( 1 ) one set two sets of classifiable fingerprints on an 
applicant fingerprint card; 

(2) two recent head and shoulders color photographs of 
the applicant of acceptable quality for identification 
one inch by one inch in size; 

(3) statements of any c r iminal r eco r d obtained certified 



statement of the result of a criminal records search 
from the appropriate governmental authority 
housing criminal record information or clerk of 
superior court in each area where the applicant has 
resided within the immediate preceding 48 months; 
(4) the applicant's non-refundable registration fee; and 
(5) a statement signed by a certified trainer that the 
applicant has successfully completed the training 
requirements of 12 NCAC 7D .0807. 

(b) The employer of each applicant for registration shall 
give the applicant a copy of the application and shall retain a 
copy of the application in the individual's personnel file in the 
employer's office. 

(c) The applicant's copy of the application shall serve as a 
temporary registration card which shall be carried by the 
applicant when he is within the scope of his employment and 
which shall be exhibited upon the request of any law 
enforcement officer or other authorized representative of the 
Board. 

(d) Applications submitted without firearms certificates 
shall not serve as temporary registration cards unless the 



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PROPOSED RULES 



contract security company or proprietary security 
organization has obtained prior approval from the 
administrator and provides satisfactory proof that the 
applicant has received prior firearms training. 

(e) The provisions of (a), (b), and (c) of this Rule shall 
also apply to any employee whose employment is terminated 
within 30 days of employment. 

Authority 74C-5; 74C-13. 

SECTION .0900 - FIREARMS TRAINER 
CERTIFICATE 

.0902 APPLICATION FOR FIREARMS TRAINER 
CERTIFICATE 

Each applicant for a firearms trainer certificate shall submit 
an original and one copy of the application to the Board. The 
application shall be accompanied by: 

(1) one set two sets of classifiable fingerprints on an 
applicant fingerprint card; 

(2) one recent head and shoulders color photograph of 
the applicant of acceptable quality for identification, 
one inch by one inch in size; 

(3) statements certified statement of the result of a 
teetri-criminal history records search by the etty 

emmty identification bttreatt appropriate 

governmental authority housing criminal record 
information or clerk of superior court in each 
county where the applicant has resided within the 
immediate preceding 60 months; 



(4) actual cost charged to the Private Protective 
Services Board by the State Bureau of Investigation 
to cover the cost of criminal record checks 
performed by the State Bureau of Investigation, 
collected by the Private Protective Services Board; 

(5) the applicant's non-refundable registration fee; and 

(6) a certificate of successful completion of the training 
required by 12 NCAC 7D .0901(3) and (4). This 
training shall have been completed within 60 days 
of the submission of the application. 

Authority 74C-5; 74C-13. 

SECTION .1100 - TRAINING AND SUPERVISION FOR 
PRIVATE INVESTIGATOR ASSOCIATES 

. 1 106 TIME LIMITS ON EXPERIENCE 

(a) The Board will consider any practical experience 
legally gained within 10 years of the application date. 

(b) The Board will consider any educational experience 
referred to in 12 NCAC 7D .1105. 

Authority 74C-5(2). 



Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Sheriffs' Education and Training Standards 
Commission intends to amend rules cited as 12 NCAC lOB .0101. .0107, .0202, .0204, .0206, .0304, .0505, .0601, .0603, 
.0605, .0702 - .0707, .0801 - .0802, .0903, .0908 - .0911, .1002, .1004 - .1006, .1101 - .1105, .1202, .1204 - .1206. Notice 
of Rule-making Proceedings was published in the Register on August 15, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 8:30 a.m. on November 14, 1997 at the Sheraton Atlantic Beach, Salter Path Road, 
Atlantic Beach, NC 28512. 

Reason for Proposed Action: 

12 NCAC lOB .0101 - This rule change is being made due to the Commission moving to a new building. 

12 NCAC lOB .0107 - Numerical adjustment to the History Note regarding the General Statute number. 

12 NCAC lOB .0202(4) and (5) - This rule change merely alters the wording to be consistent with other rules within the 

Commission's administrative code; and to make clear that the Probable Cause Committee of the Sheriffs' Commission, which has 

been formed in accordance with the Commission 's bylaws, has the authority to determine the period of time appropriate for the 

sanction set out in paragraph (5). 

12 NCAC lOB .0204(c)(1) and (2) - This rule change adds language to make it clear that any attempts by justice officers to 

cheat on their in-service firearms requirement is punishable by the Commission. 

12 NCAC lOB .0204(d)(5) - This change merely clarifies that should the Class A misdemeanors all be dated outside the 2 year 

period, certification shall be issued. 

12 NCAC lOB .0206(a)(4) and (5) - This rule change adds authority for the Director, on behalf of the Commission, to issue a 

summary denial in the event an applicant refuses to submit to the Commission-mandated drug screen; and to issue a summary 



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PROPOSED RULES 



suspension in the event a justice officer produces a positive drug screen. 

12 NCAC lOB .0304(a) - Tfiis rule change alters the language of the rule to comply with the new medical forms adopted by the 
Commission. 

12 NCAC lOB .0505(a) - This rule change requires a deputy sheriff be employed with a prior agency in order to be credited with 
the time sensed at that agency, and also be certified for that period of employment. 

12 NCAC lOB .0601(a) - This changes the total number of hours of instruction for the Detention Officer Certification Course. 
12 NCAC 108 .0601(b) - This change is being made to change one topic area, add another topic area, and increase the hours of 
the course. 

12 NCAC 108 .0601(f) - This change requires the certified school director to adhere to the guide before, during, and after a 
course delivery. 

12 NCAC 108 .0603(a) - This amendment requires a detention officer be employed with a prior agency in order to be credited 
with the time serxed at that agency, and also be certified for that period of employment . 

12 NCAC 108 .0605(d) - This amendment would allow a trainee to participate in only one partial delivery of a course in order 
to make up a deficiencx within 120 days, and allows the trainee to retest on a unit test only once during that partial enrollment. 
12 NCAC 108 .0702 - The Criminal Justice Standards Division has relocated, therefore, the rule change of deleting "1 West 
Morgan Street " was necessary in updating this particular rule. 

12 NCAC lOB .0703(b) - This change would allow no more than txvo school directors to become certified per each accredited 
institution/agency. The nde also requires that the certified school director(s) be readily available at all times. 
12 NCAC 108 .0703(c)(3) - This change would have the school director and the accredited institution/agency refer to the 
Detention Officer Course Management Guide to determine the proper facility, equipment, materials, and supplies needed for a 
course delivers'. 

12 NCAC 108 .0703(c)(3)(D) - The partial deletion of this rule is the removal of the block of instruction entitled "Unarmed Self- 
Defense". The additions to this rule are the standards needed for the delivery of the 'Specialized Control Techniques " block of 
instruction. 

12 NCAC 108 .0703(c)(3)(E) - This addition specifies the type of jail cell needed in performing the required block of instruction 
entitled "Contraband Searches ". 

12 NCAC 108 .0703(c)(3)(F) - This addition states the standards needed for delivery of the 'Fire Emergencies in the Jail "block 
of instruction. 

12 NCAC 108 .0703(c)(3)(G) - Tliis addition states the standards needed for delivery of the "Physical Assessment" block of 
instruction. 

12 NCAC 108 .0703(c)(3)(H) - This addition states the standards needed for delivery of the "First Aid and CPR" block of 
instruction. 

12 NCAC 108 .0703(c)(4) - This addition is to allow an accredited institution/agency to make facility arrangements with another 
entity if the requirements cannot be met at their own facility. 

12 NCAC 108 .0704 - Changes occur in this nde for structural purposes; also the amendments to the nde are as follows: 
12 NCAC 108 .0704(a)(2)(C) - Tliis addition is to require the school director to schedule the required number of instnictors for 
specific topic areas of the Detention Officer Certification Course. 

12 NCAC 108 .0704(a)(6) - This change to the rule refers to the Detention Officer Certification Course Management Guide for 
reference to required materials, etc. needed for the delivery of a course. 
12 NCAC 108 .0704(b) - This addition defines how the school director is to be available. 

12 NCAC 108 .0705(b)(3) - This addition requires a school director to attend a school director's orientation prior to the 
delivery of a Detention Officer Certification Course. 

12 NCAC 108 .0706(b)(1) and (2) and (3) - The rule changes are for structure; and paragraph (3) has been added to specif,' 
that the school director needs to comply with the accreditation requirements. 

12 NCAC 108 .0707 - The change authorizes the suspension, revocation or denial of a school director's cenification when the 
school director has not complied with the terms and conditions in nde . 0706. 
12 NCAC 108 .0801 

12 NCAC 108 .0802 (b)(l)(2)(3); (c)(l)(2)(3)(4); (d)(l)(2); (e);(f);(g)(l)(2);(h)(l)(2) - All additions to this section of the 
administrative code are in regard to the implementation of new accreditation standards. 

12 NCAC 108 .0903(c) - This nde change requires all instmciors to remain knowledgeable in their specific area of certification 
and to attend any curriculum updates. 

12 NCAC 108 .0908(a)(2) - This nde change substitutes "Specialized Control Techniques" for "Unarmed Self-Defense" as the 
block of instniction. 

12 NCAC 108 .0908(b) - This nde change would require all limited lecturer instructors to possess current valid CPR 
certification. 

12 NCAC 108 .0908(b)(2) - This nde change is a deletion of language regarding "Unarmed Self-Defense" and is an addition of 
the requirements for the new block of instruction "Specialized Control Techniques". 

625 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



12 NCAC lOB .0909(b)(4) - This rule change would require the instructor to continuously possess valid CPR certification for 

renewal purposes. 

12 NCAC lOB . 0909(c)(4) - This rule change would require the instructor to continuously possess valid CPR certification for 

renewal purposes. 

12 NCAC lOB . 0910 - This rule change restricts the use of guest participants from assisting in blocks of instruction which 

require limited lecturer certification. 

12 NCAC lOB .0911(c)(2) - This rule change authorizes the denial, suspension, or revocation of an instructor's certification for 

failing to attend and successfully complete any instructor training updates. 

12 NCAC lOB .1002(a)(1) - This rule change would not allow a justice officer that is subject to suspension or revocation 

proceedings to become eligible for a certificate program. 

12 NCAC lOB .1002(a)(3) - This rule change would require a justice officer to be a full- time deputy sheriff in order to apply for 

this certificate program. 

12 NCAC lOB .1002(b) - This rule change would require a justice officer to be a full- time deputy sheriff in order to apply for 

this certificate program 

12 NCAC lOB .1002(b)(1) - This change clarifies what is acceptable as an education point toward the professional certificate 

program for deputies. 

12 NCAC lOB .1002(b)(2) - This change clarifies what is acceptable as a training point toward the professional certificate 

program. 

12 NCAC lOB .1002(b)(3) - This change clarifies what type of experience is acceptable for the professional certificate program. 

12 NCAC lOB .1004(a) - This rule modification specifically spells out the types of degrees. 

12 NCAC lOB .1004(b) - This rule change specifies that correspondence or vocational courses shall not be credited toward 

education points. 

12 NCAC lOB .1005(a) - This rule modification specifically spells out the types of degrees. 

12 NCAC lOB .1005(b) - This rule change specifies that correspondence or vocational courses shall not be credited toward 

education points. 

12 NCAC lOB .1006(b) - This rule change clarifies what is acceptable as verification of education. 

12 NCAC lOB .1006(c) - This rule change clarifies what is acceptable as verification of training. 

12 NCAC lOB .1006(d) - This change clarifies the type of applicant's length of service that is acceptable for this program. 

12 NCAC lOB .1006(e) - This change is in structure only. 

12 NCAC lOB .1101- This rule change clarifies that the purpose of the service award program is to award service in North 

Carolina only. 

12 NCAC lOB .1102(a)(1) - This rule change would not allow a justice officer that is subject to suspension or revocation 

proceedings to become eligible for a service award. 

12 NCAC lOB . 1102(b) - This rule change would require a justice officer to be a full time justice officer in order to apply for 

this service award program. 

12 NCAC lOB .1103 - The partial deletion of this rule is to eliminate repetitious information. 

12 NCAC lOB .1104 - The partial deletion of this rule is to eliminate repetitious information. 

12 NCAC lOB .1105(b) - This rule change specifically indicates the type of applicant's length of service that is acceptable for 

this program. 

12 NCAC lOB .1202(a)(1) - This rule change would require a detention officer to be full time in order to apply for this 

certificate program and would not allow a detention officer that is subject to suspension or revocation proceedings to become 

eligible for certificate program. 

12 NCAC 108 .1202(c)(1) - This rule change clarifies what is acceptable as an education point toward the professional 

certificate program for detention officers. 

12 NCAC 108 .1202(c)(2) - This rule change clarifies what is acceptable as training point toward the professional certificate 

program for detention officers. 

12 NCAC 108 .1202(c)(3) - This rule change specifically indicates the type of applicant's length of service that is acceptable for 

this program. 

12 NCAC 108 .1204(a) - This rule modification specifically spells out the types of degrees. 

12 NCAC 108 .1204(b) - This rule change specifies that correspondence or vocational courses shall not be credited toward 

education points. 

12 NCAC 108 .1205(a) - This rule modification specifically spells out the types of degrees. 

12 NCAC 108 .1205(b) - This rule change specifies that correspondence or vocational courses shall not be credited toward 

education points. 

12 NCAC 108 .1206(b) - This rule change clarifies what is acceptable as verification of education 

12 NCAC 108 .1206(c) - This rule change clarifies what is acceptable as verification of training. 



12:8 NORTH CAROLINA REGISTER October 15, 1997 626 



PROPOSED RULES 



12 NCAC lOB .1206(d) - This rule change clarifies the type of applicant 's length of service that is acceptable for this program. 
12 NCAC lOB .1206(e) - This is simply a structure change. 

Comment Procedures: Please contact Barbara D. Moore with any questions or comments concerning this information. 

Barbara D. Moore 

NC Sheriffs ' Education and Training Standards Commission 

PO Drawer 629 

Raleigh, NC 27602 

Fiscal Note: 772^5^ Rules do not affect the expenditures or revenues of state or local government funds. These Rules do not 
have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION 

SUBCHAPTER lOB - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION 

SECTION .0100 - COMMISSION ORGANIZATION AND PROCEDURES 

.0101 LOCATION 

The N.C. Sheriffs' Education and Training Standards Commission is established within the Department of Justice and is 
located in the Rancy Building, on the rayciicvillc St r eet Mall Sam L Ervin. Jr. Justice Building at 114 Edenton Street in 
Raleigh, North Carolina. The mailing address is: 

North Carolina Sheriffs' Education and Training Standards Commission 

Post Office Box 629 

Raleigh, North Carolina 27602 

Telephone (919) 733- 9 236 716-6460 

Authority G.S. 17E. 

.0107 PROCEDURES FOR PETITIONS FOR DECLARATORY RULINGS 

(a) In addition to the procedures set out in G.S. 150B-17. 150B-4. Petitions for Declaratory Rulings shall be submitted to the 
Commission and shall contain: 

(1) petitioner's name, address and telephone number; 

(2) the statute(s), rule(s) or both to which the request relates; 

(3) all facts and information which are relevant to the request; 

(4) a concise statement of the manner in which petitioner has been aggrieved; 

(5) a draft of the Declaratory Ruling sought by petitioner (if specified outcome is sought by petitioner); 

(6) practices likely to be affected by the Declaratory Ruling; 

(7) a list or description of persons likely to be affected by the Declaratory Ruling; and 

(8) a statement as to whether the petitioner desires to present oral argument (not to exceed 30 minutes) to the Commission 
prior to its decision. 

(b) The Commission shall ordinarily refuse to issue a Declaratory Ruling when: 

(1) the petition does not comply with Paragraph (a) of this Rule; 

(2) the Commission has previously issued a Declaratory Ruling on substantially similar facts; 

(3) the Commission has previously issued a Final Agency Decision in a contested case on substantially similar facts; 

(4) the facts underlying the request for a Declaratory Ruling were specifically considered at the time of the adoption of 
the rule in question: or 

(5) the subject matter of the request is involved in pending litigation. 

Authority G.S. 150B-4. 

SECTION .0200 - ENFORCEMENT RULES 

.0202 SANCTIONS FOR VIOLATIONS BY AGENCIES OR SCHOOLS A 

If the Commission finds that a violation has been committed by an agency or school, the Commission may: m 

(1) issue an oral warning and request for compliance; 

(2) issue a written warning and request for compliance: 

627 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



(3) issue an official written reprimand; 

(4) suspend and refuse to g r ant suspend, revoke, or deny accreditation to any school or program or course of instruction 
until proper corrective measures have been taken to bring the agency or school into compliance with these Rules and 
verification of such compliance has been made by the Commission; or 

(5) sus p end and r efuse to g r ant suspend, revoke, or deny accreditation to any school or program or course of instruction 
for a specific period of time to be determined b^^ Ae Commission's Probable Cause Committee; however, not to 
exceed one year. 

Authority G.S. 17E-4. 

.0204 SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION 

(a) The Commission shall revoke or deny the certification of a justice officer when the Commission finds that the applicant 
for certification or the certified officer has committed or been convicted of: 

(1) a felony; or 

(2) a crime for which the authorized punishment could have been imprisonment for more than two years. 

(b) The Commission shall revoke, deny, or suspend the certification of a justice officer when the Commission finds that the 
applicant for certification or the certified officer: 

(1) has not enrolled in and satisfactorily completed the required basic training course in its entirety within a time period 
specified by the Commission; or 

(2) fails to meet or maintain any of the minimum employment or certification standards required by 12 NCAC lOB .0300; 
or 

(3) fails to satisfactorily complete the minimum in-service training requirements as presented in 12 NCAC lOB .2000 and 
.2100; or 

(4) has refused to submit to the drug screen as required in 12 NCAC lOB .0301(6) or .0406(b)(4) or in cormection with 
an application for or certification as a justice officer or a criminal justice officer as defined in 12 NCAC 9A .0103(6); 
or 

(5) has produced a positive result on any drug screen reported to the Commission as specified in 12 NCAC 108 .0410 or 
reported to any commission, agency, or board established to certify, pursuant to said commission, agency, or boards' 
standards, a person as a justice officer or a criminal justice officer as defined in 12 NCAC 9A .0103(6), unless the 
positive result is explained to the Commission's satisfaction. 

(c) The Commission may revoke, deny, or suspend the certification of a justice officer when the Commission finds that the 
applicant for certification or certified justice officer: 

(1) has knowingly made a material misrepresentation of any information required for certification or accreditation from 
the Commission or the North Carolina Criminal Justice Education and Training Standards Commission; Commission. 
This Rule shall also apply to obtaining or attempting to obtain in-service firearms requalification as required by 12 
NCAC lOB .2000 and .2100; or 

(2) has knowingly and designedly by any means of false pretense, deception, fraud, misrepresentation or cheating 
whatsoever, obtained or attempted to obtain credit, training or certification from the Commission or the North 
Carolina Criminal Justice Education and Training Standards Commission; Commission. This Rule shall also apply to 
obtaining or attempting to obtain in-service firearms requalification as required by \2 NCAC lOB .2000 and .2100; or 

(3) has knowingly and designedly by any means of false pretense, deception, fraud, misrepresentation or cheating 
whatsoever, aided another in obtaining or attempting to obtain credit, training, or certification from the Commission 
or the North Carolina Criminal Justice Education and Training Standards Commission. This Rule shall also apply to 
obtaining or attempting to obtain in-service firearms requalification as required by 12 NCAC lOB .2000 and .2100; or 

(4) has been removed from office by decree of the Superior Court in accordance with the provisions of G.S. 128-16 or 
has been removed from office by sentence of the court in accord with the provisions of G.S. 14-230; or 

(5) has been denied certification or had such certification suspended or revoked by the North Carolina Criminal Justice 
Education and Training Standards Commission. 

(d) The Commission may revoke, suspend or deny the certification of a justice officer when the Commission finds that the 
applicant for certification or the certified officer has committed or been convicted of: 

(1) a crime or unlawful act defined in 12 NCAC lOB .0103(10)(b) as a Class B misdemeanor and which occurred after 
the date of initial certification; or 

(2) a crime or unlawful act defined in 12 NCAC lOB .0103(10)(b) as a Class B misdemeanor within the five-year period 
prior to the date of appointment; or 

(3) four or more crimes or unlawful acts defined in 12 NCAC lOB .0103(10)(b) as Class B misdemeanors regardless of 
the date of commission or conviction; or 



12:8 NORTH CAROLINA REGISTER October 15, 1997 628 



PROPOSED RULES 



(4) four or more crimes or unlawful acts defined in 12 NCAC lOB .0103(10)(a) as a Class A misdemeanor, each of 
which occurred after the date of initial certification; or 

(5) four or more crimes or unlawful acts defined in 12 NCAC lOB .0103(10)(a) as a Class A misdemeanor except the 
applicant may shall be certified if the last conviction or commission occurred more than two years prior to the date of 
appointment; or 

(6) any combination of four or more crimes or unlawful acts defined in 12 NCAC lOB .0103(10)(a) as a Class A 
misdemeanor or defined in 12 NCAC lOB .0103(I0)(b) as a Class B misdemeanor regardless of the date of 
commission or conviction. 

(e) Without limiting the application of G.S. 17E, a person who has had his certification suspended or revoked may not 
exercise the authority or perform the duties of a justice officer during the period of suspension or revocation. 

(f) Without limiting the application of G.S. 17E, a person who has been denied cenification may not be employed or 
appointed as a justice officer or exercise the authority or perform the duties of a justice officer. 

Authority G.S. 17E-7. 

.0206 SUMMARY SUSPENSIONS: OR DENIALS 

(a) The Commission ma>' summarily suspend or deny the certification of a justice officer or instructor when, in the opinion of 
the Commission, the public health, safety, or welfare requires this emergency action of summary suspension or denial. The 
Commission has determined that the following conditions specifically affect the public health, safety, or welfare and therefore it, 
by and through the Director, shall utilize summary suspension or denial following a full investigation of the matter when: 

(1) the applicant for certification or the certified justice officer has committed or been convicted of a violation of the 
criminal code which would require a permanent revocation or denial of certification; or 

(2) the justice officer has failed to comply with the training requirements of 12 NCAC lOB .0500 and .0600; or 

(3) the certified justice officer fails to satisfactorily complete the minimum in-service training requirements as prescribed 
in 12 NCAC lOB t^WBt .2100; or 

£4} the applicant for certification has refused to submit to the drug screen as required jn 12 NCAC lOB .0301(6) or 
.0406(c)(3) or in connection with an application for or certification as a justice officer or a criminal justice officer as 
defined in 12 NCAC 9A .0103(6): or 

(5) the applicant for certification or the certified officer has produced a positive result on any drug screen reported to the 
Commission as specified in \2 NCAC lOB .0410 or reported to any commission, agency, or board established to 
certify, pursuant to said commission, agency, or boards' standards, a person as a justice officer or a criminal justice 
officer as defined in 12 NCAC 9A .0103(6). unless the positive result is explained to the Commission's satisfaction. 

(b) Without limiting the application of Chapter 17E of the General Statutes of North Carolina, a person who has had his or 
her certification summarily suspended or denied may not exercise the authority or perform the duties of a justice officer during 
the period of suspension or denial. 

Authority- G.S. 17E-8; 17E-9: 150B-3(cj. 

SECTION .0300 - MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A 

JUSTICE OFFICER 

.0304 MEDICAL EXAMINATION 

(a) Each applicant shall com p lete complete, sign and date the Commission's Medical History Statement Form (F-1) and shall 
be examined by a physician or surgeon licensed in North Carolina to help determine his/her fitness in carrying out the physical 
requirements of the position of de p uty she r iff o r detention office r , justice officer. The examining p hysician shall r ead and sign 
the r-2A fo r m attached to the Medical Examination Re p o r t Fo r m (r-2) pr io r to beginning the examination. The examining 
p hysician shall r eco r d the r esults of the examination on the Medical Examination Re p ort Fo r m (r-2) and sign and date the fo r m. 
The r-2 form shall be valid one yea r f r om the date the Medical Examination was com p leted and signed by the p hysician. The 
p hysical examination shall be conducted and the Medical Examination Re p o r t Form (r-2) and the Medical Histo r y Statement 
Fo r m (F-l) shall be com p leted pr io r to whicheve r of the following occu r s fi r st : 

t+) the a pp licant's beginning the Detention Oft'icc r Ce r tification Cou r se o r the Basic Law Enfo r cement T r aining Cou r se; 

or 

(^ the a pp licant's a pp lying to the Commission fo r ce r tification. 

lb] Prior to conducting the examination, the physician shall: 
(1) read the "Medical Screening Guidelines Implementation Manual for Certification of Justice Officers" in the State of 
North Carolina as published by the North Carolina Department of Justice. Copies of this publication may be obtained 
at no cost at the time of the adoption of this Rule by contacting the North Carolina Department of Justice, Sheriffs' 

629 NORTH CAROLINA REGISTER October 15, 1997 12:8 



i 



PROPOSED RULES 



Standards Division. PO Box 629. Raleigh. NC 27602: and 

(2) read, sign, and date the Medical History Statement Form (F-l): and 

(3) read the F-2A Form attached to the Medical Examination Report Form (F-2). 

(c) The examining physician shall record the results of the examination on the Medical Examination Report Form (F-2) and 
sign and date the form. 

(d) The Medical Examination Report Form (F-2) and the Medical History Statement Form (F-l) shall be valid one year from 
the date the examination was conducted and shall be completed prior to whichever of the following occurs first: 

(1) the applicant's beginning the Detention Officer Certification Course, the Basic Law Enforcement Training Course, or 
the Te 1 ec ommunic ator Certification Course: or 

(2) the applicant's applying to the Commission for certification. 

fb) {ei Although not presently required by these Rules, it is recommended by the Commission that each candidate for the 
position of justice officer be examined by a licensed psychiatrist or clinical psychologist, or be administered a psychological 
evaluation test battery, to determine his/her suitability to perform the essential job functions of a justice officer. 

Authority G.S. 17E-7. 

SECTION .0500 - MINIMUM STANDARDS OF TRAINING FOR DEPUTY SHERIFFS 

.0505 EVALUATION FOR TRAINING WAIVER 

(a) The Division staff shall evaluate each deputy's training and experience to determine if equivalent training has been 
satisfactorily completed as specified in 12 NCAC lOB .0504(a). Applicants for certification with prior law enforcement 
experience shall have been employed and certified in a sworn law enforcement position in order to be considered for training 
evaluation under this Rule. The following rules shall be used by Division staff in evaluating a deputy's training and experience 
to determine eligibility for a waiver of training. 

(1) Persons who separated from a sworn law enforcement position during their probationary period after having 
completed a commission-accredited Basic Law Enforcement Training Course and who have been separated from a 
sworn law enforcement position for one year or less shall serve the remainder of the initial probationary period in 
accordance with G.S. 17E-7(b), but need not complete an additional training program. 

(2) Persons who separated from a sworn law enforcement position during their probationary period without having 
completed Basic Law Enforcement Training, or whose certification was suspended pursuant to 12 NCAC lOB 
.0204fb)(l), and who have remained separated or suspended for over one year shall complete a commission-accredited 
Basic Law Enforcement Training Course in its entirety and successfully pass the State Comprehensive Examination, 
and shall be allowed a 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(3) Out-of-state transferees shall be evaluated to determine the amount and quality of their training and experience. 
Out-of-state transferees: 

(A) shall have a minimum of two years full-time sworn law enforcement experience; 

(B) shall not have a break in service exceeding two years; and 

(C) shall have successfully completed the Basic Law Enforcement Training Course accredited by the state from 
which he/she is transferring. Out-of-state transferees meeting these requirements shall successfully complete a 
commission-accredited Basic Law Enforcement Training Course which includes the following topics of North 
Carolina law and procedure and successfully pass the State Comprehensive Examination in its entirety within 
the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(i) Laws of Arrest, Search and Seizure 

(ii) Elements of Criminal Law 
(iii) Juvenile Laws and Procedures 
(iv) Controlled Substances 

(v) ABC Laws and Procedures 
(vi) Motor Vehicle Laws 
(vii) Civil Process 
(viii) Supplemental Custody Procedures 

TOTAL HOURS 1 10 hours 

(4) Persons previously holding Grandfather law enforcement certification in accordance with G.S. 17C-10(a) or G.S. 
17E-7(a) who have been separated from a sworn law enforcement position for more than one year and who have not 
previously completed a minimum Basic Law Enforcement Training Course accredited by the North Carolina Criminal 
Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training 



12:& NORTH CAROLINA REGISTER October 15, 1997 630 



16 hours 


24 hours 


8 hours 


6 hours 


4 hours 


20 hours 


24 hours 


8 hours 



PROPOSED RULES 



Standards Commission shall be required to complete a commission-accredited Basic Law Enforcement Training 
Course in its entirety and successfully pass the State Comprehensive Examination within the 12 month probationary 
period as prescribed m 12 NCAC lOB .0503(a). 
(5) Persons who have completed a minimum 160-hour Basic Law Enforcement Training Course accredited by the North 
Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July I, 1973 
and continuing through September 30, 1978 and who have been separated from a sworn law enforcement position for 
more than one year but no more than two years shall be required to complete the following portions of a 
commission-accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Juvenile Law and Procedures 8 hours 

(B) Laws of Arrest, Search and Seizure 16 hours 

(C) Elements of Criminal Law 24 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Law Enforcement Driver Training 16 hours 
(H) Civil Process 24 hours 

(I) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 126 hours 

(6) Persons who have completed a minimum 160-hour Basic Law Enforcement Training Course accredited by the North 
Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July 1, 1973 
and continuing through September 30, 1978 and who have been separated from a sworn law enforcement position for 
more than two years shall be required to complete a commission-accredited Basic Law Enforcement Training Course 
in its entirety regardless of training and experience and successfully pass the State Comprehensive Examination within 
the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(7) Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course accredited by the North 
Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education 
and Training Standards Commission under guidelines administered beginning October 1, 1978 and continuing through 
September 30, 1984 and who have been separated from a sworn law enforcement position for over one year but no 
more than three years shall be required to complete the following portions of a commission-accredited Basic Law 
Enforcement Training Course and successfully pass the State Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 10 hours 

(8) Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course accredited by the North 
Carolina Crimmal Justice Education and Trainmg Standards Commission and the North Carolina Sheriffs' Education 
and Training Standards Commission under guidelines administered beginning October 1, 1978 and continuing through 
September 30, 1984 and who have been separated from a sworn law enforcement position for more than three years 
shall be required to complete a commission-accredited Basic Law Enforcement Training Course in its entirety 
regardless of prior training and experience and successfully pass the State Comprehensive Examination within the 12 
month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(9) Persons who have completed a minimum 381 hour Basic Law Enforcement Training Course accredited by the North 
Carolina Sheriffs' Education and Training Standards Commission under guidelines administered beginning October 1, 
1984 and ending December 31, 1988 and who have been separated from a sworn law enforcement position for over 
one year but no more than three years shall be required to complete the following portions of a commission-accredited 
Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination within the 12 
month probationar\' period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

631 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



24 hours 


8 hours 


6 hours 


4 hours 


20 hours 


24 hours 


8 hours 



(B) Elements of Criminal Law 

(C) Juvenile Laws and Procedures 

(D) Controlled Substances 

(E) ABC Laws and Procedures 

(F) Motor Vehicle Laws 

(G) Civil Process 
(H) Supplemental Custody Procedures 

TOTAL HOURS 1 10 hours 

(10) Persons transferring to a sheriff's department from another law enforcement agency who hold certification issued by 
the North Carolina Criminal Justice Education and Training Standards Commission and who have previously 
completed a commission-accredited Basic Law Enforcement Training Course beginning on or after October 1, 1984 
and who have been separated from a sworn law enforcement position for no more than one year or who have had no 
break in service shall be required to complete the following enumerated topics of a commission-accredited Basic Law 
Enforcement Training Course and successfully pass that portion of the State Comprehensive Examination which deals 
with those subjects within 12 months of the date of appointment as defined in 12 NCAC lOB .0103(1). 

(A) Civil Process 24 hours 

(B) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 32 hours 

(11) Persons who have completed a minimum 369-hour Basic Law Enforcement Training Course accredited by the North 
Carolina Criminal Justice Education and Training Commission under guidelines beginning October 1, 1984 and ending 
July 1, 1989 and who have been separated from a sworn law enforcement position for over one year but no more than 
three years shall be required to complete the following portions of a commission-accredited Basic Law Enforcement 
Training Course and successfully pass the State Comprehensive Examination within the 12 month probationary period 
as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 10 hours 

(12) Persons who have completed a minimum 422-hour Basic Law Enforcement Training Course accredited by the North 
Carolina Sheriffs Education and Training Standards Commission under the guidelines administered beginning January 
1, 1989 and ending February 1, 1991 and who have been separated from a sworn law enforcement position for over 
one year but no more than three years shall be required to complete the following portions of a commission-accredited 
Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination within the 12 
month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 10 hours 

(13) Persons who have previously completed a minimum 410-hour Basic Law Enforcement Training Course accredited by 
the North Carolina Criminal Justice Education and Training Standards Commission under guidelines administered 
beginning July 1, 1989 and ending February 1, 1991 and who have been separated from a sworn law enforcement 
position for over one year but no more than three years shall be required to complete the following portions of a 



12:8 NORTH CAROLINA REGISTER October 15, 1997 632 



PROPOSED RULES 



commission-accredited Basic Law Enforcement Training Course and successfully pass the Slate Comprehensive 
Examination within the 12 monA probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 10 hours 

(14) Persons who have completed a minimum 444-hour Basic Law Enforcement Training Course accredited by the North 
Carolina Sheriffs' Education and Training Standards Commission under the guidelines administered begirming 
February 1, 1991 and ending January 1, 1996 and who have been separated from a sworn law enforcement position 
for over one year but no more than three years shall be required to complete the following portions of a 
commission-accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 1 10 hours 

(15) Persons who have previously completed a minimum 432-hour Basic Law Enforcement Training Course accredited by 
the North Carolina Criminal Justice Education and Training Standards Commission under guidelines administered 
beginning February 1, 1991 and who have been separated from a sworn law enforcement position for over one year 
but no more than three years shall be required to complete the following portions of a commission-accredited Basic 
Law Enforcement Training Course and successfully pass the State Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 110 hours 

(16) Persons who have completed training as a federal law enforcement officer and are appointed as a deputy sheriff in 
North Carolina shall be required to complete a commission-accredited Basic Law Enforcement Training Course in its 
entirety regardless of previous federal training and experience and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(17) Persons out of the law enforcement profession for over three years regardless of prior training or experience shall 
complete a commission-accredited Basic Law Enforcement Training Course in its entirety and successfully pass the 
State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(18) Wildlife Enforcement Officers who completed the Basic Law Enforcement Training Course prior to September 30, 
1985 and are sworn as justice officers shall be subject to the evaluation rules as stated in 12 NCAC lOB .0505(a)(1) 
and (a)(4) through (11). 

(19) Wildlife Enforcement Officers who separate from employment with the Wildlife Enforcement Division and have less 
than one year break in service, who transfer to a Sheriff's Department in a sworn capacity, and who completed their 
Basic Training after September 30, 1985 shall complete the following blocs of instruction and pass the state exam in 

633 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



4 hours 


2 hours 


4 hours 


12 hours 


6 hours 


8 hours 


24 hours 


8 hours 



its entirety within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Crime Prevention Techniques 

(B) Mechanics of Arrest: Custody Procedure 

(C) Mechanics of Arrest: Processing Arrestee 

(D) Special Populations 

(E) Techniques of Traffic Law Enforcement 

(F) Dealing with Victims and the Public 

(G) Civil Process 
(H) Supplemental Custody Procedures 

TOTAL HOURS 68 hours 
(20) Wildlife Enforcement Officers who completed Basic Law Enforcement Training on or after September 30, 1985 and 

have been out of a sworn position over one year but no more than three years, and are sworn as a justice officer must 
complete the following blocs of instructions and pass the state exam in its entirety during their probationary period as 
prescribed in 12 NCAC lOB .0503 (a). 

(A) Laws of Arrest Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Crime Prevention Techniques 4 hours 
(H) Mechanics of Arrest: Custody Procedures 2 hours 

(I) Mechanics of Arrest: Processing Arrestees 4 hours 

(J) Special Populations 12 hours 

(K) Techniques of Traffic Law Enforcement 6 hours 

(L) Dealing with Victims and the Public 8 hours 

(M) Civil Process 24 hours 

(N) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 146 hours 

(21) Alcohol Law Enforcement Officers who completed the Basic Law Enforcement Training Course prior to April 1, 
1983 or after November 1, 1993, and are sworn as a justice officer shall be subject to the evaluation rules as 
prescribed in 12 NCAC lOB .0505(a)(3) through (8) and (a)(14), (15) and (24). 

(22) Alcohol Law Enforcement Officers who separate from employment with the Alcohol Law Enforcement Division and 
have less than a one year break in service, who transfer to a Sheriff's Department in a sworn capacity, and who 
completed their Basic Training administered beginning April 1, 1983 and ending November 1, 1993 shall complete the 
following blocs of instruction and pass the state comprehensive exam in its entirety within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0503(a). 

(A) Law Enforcement Communication and Information Systems 4 hours 

(B) Patrol Techniques 16 hours 

(C) Crime Prevention Techniques 4 hours 

(D) Mechanics of Arrest: Vehicle Stops 6 hours 

(E) Mechanics of Arrest: Custody Procedures 2 hours 

(F) Mechanics of Arrest: Processing Arrestee 4 hours 

(G) Special Populations 12 hours 
(H) Interviews: Field and In-Custody 8 hours 

(I) Motor Vehicle Law 20 hours 

(J) Techniques of Traffic Law Enforcement 6 hours 

(K) Dealing with Victims and the Public 8 hours 

(L) Civil Process 24 hours 

(M) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 122 hours 

(23) Alcohol Law Enforcement Officers who completed their Basic Training administered beginning April 1, 1983 and 

ending November 1 , 1993 and are sworn as a justice officer and who have been out of a sworn position for over one 



12:8 NORTH CAROLINA REGISTER October 15, 1997 634 



PROPOSED RULES 



year but no more than three years shall complete the following blocs of instruction and pass the state examination in 
its entirety during their one year probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 

(B) Elements of Criminal Law 

(C) Juvenile Laws and Procedures 

(D) Controlled Substances 

(E) ABC Laws and Procedures 

(F) Law Enforcement Communication and Information Systems 

(G) Patrol Techniques 
(H) Crime Prevention Techniques 

(I) Mechanics of Arrest: Vehicle Stops 

(J) Mechanics of Arrest: Custody Procedures 

(K) Mechanics of Arrest: Processing Arrestee 

(L) Special Populations 

(M) Interviews: Field and In-Custody 

(N) Motor Vehicle Law 

(O) Techniques of Traffic Law Enforcement 

(P) Dealing with Victims and the Public 

(Q) Civil Process 

(R) Supplemental Custody Procedures 

TOTAL HOURS 180 hours 

(24) Persons who have previously completed a minimum 472-hour Basic Law Enforcement Training Course accredited by 
the North Carolina Sheriffs' Education and Training Standards Commission, under the guidelines administered 
beginning January 1, 1996 and who have been separated from a sworn law enforcement position for over one year but 
no more than three years shall be required to complete the following portions of a commission-accredited Basic Law 
Enforcement Training Course and successfully pass the State Comprehensive Examination with the 12 month 
probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 



16 hours 


24 hours 


8 hours 


6 hours 


4 hours 


4 hours 


16 hours 


4 hours 


6 hours 


2 hours 


4 hours 


12 hours 


8 hours 


20 hours 


6 hours 


8 hours 


24 hours 


8 hours 



TOTAL HOURS 110 hours 

(b) In those instances not specifically incorporated within this Section or where an evaluation of the applicant's prior training 

and experience determines that required attendance in the entire Basic Law Enforcement Training Course would be impractical, 

the director is authorized to exercise his/her discretion in determining the amount of training those persons shall complete during 

their probationary period. 

Authorin- G.S. 17E-4; 17E-7. 

SECTION .0600 - MINIMUM STANDARDS OF TRAINING FOR DETENTION OFFICERS 

.0601 DETENTION OFFICER CERTIFICATION COURSE 

(a) This Section establishes the current standard by which Sheriffs' Department and district confinement personnel shall 
receive detention officer training. These Rules will serve to raise the level of detention officer 

training heretofore available to law enforcement officers across the state. The Detention Officer Certification Course shall 
consist of a minimum of +46 146 hours of instruction designed to provide the trainee with the skills and knowledge necessary to 
perform those tasks considered essential to the administration and operation of a confinement facility. 

(b) Each Detention Officer Certification Course shall include the following identified topic areas and approximate minimum 
instructional hours for each area: 

(1) Orientation 2 hours 

(2) Criminal Justice System 3 hours 

635 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



19 hours 


6 hours 


5 hours 


10 hours 


5 hours 


5 hours 


2 hours 


5 hours 


5 hours 


2 hours 


2 hours 


9 hours 


24 hours 


4 hours 


6 hours 


12 hours 


6 hours 


4 hours 


7 hours 


3 hours 



(3) Legal Aspects of Management & Supervision 

(4) Contraband/Searches 

(5) Processing Inmates 

(6) First Aid & CPR 

(7) Medical Care in the Jail 

(8) Patrol & Security Functions of the Jail 

(9) Key and Tool Control 

(10) Supervision & Management of Inmates 

(11) Suicides & Crisis Management 

(12) Introduction to Rules & Regulations Governing Jails 

(13) Stress 

(14) Investigative Process in the Jail 

(15) Una r med Sclf-Dcfcnse Specialized Control Techniques 

(16) Special Populations 

(17) Transportation of Irmiates 

(18) Fire Emergencies 

(19) Fingerprinting and Photographing Arrestees 
tW) (20) Physical Assessment 

(20) £211 Review/Testing 
(2+) (22) State Comprehensive Examination 

TOTAL HOURS i4e 146 hours 

(c) In addition to the requirements of Paragraph (b) of this Rule, the reading component of a standardized test shall be 
administered to each trainee within the first two weeks of the Detention Officer Certification Course, and the reading grade level 
reported as a part of the trainee's official training records. The school director shall determine the test instrument to be used. 

(d) Consistent with the curriculum development policy of the Commission, the Commission shall designate the developer of 
the Detention Officer Certification Course curricula and such designation shall be deemed by the Commission as approval for 
the developer to conduct pilot Detention Officer Certification Courses. Individuals who successfully complete such a pilot 
Detention Officer Certification Course offering shall be deemed to have successfully complied with and satisfied the minimum 
training requirement. 

(e) The "Detention Officer Certification Training Manual" as published by the North Carolina Justice Academy is hereby 
incorporated by reference and shall automatically include any later amendments and editions of the incorporated matter to apply 
as the basic curriculum for the Detention Officer Certification Course. Copies of this manual may be obtained by contacting the 
North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina 28385-0099. The cost of this manual is forty 
dollars ($40.00) at the time of adoption of this Rule. 

(f) The "Detention Officer Certification Course Management Guide" as published by the North Carolina Justice Academy is 
hereby incorporated by reference and shall automatically include any later amendments, editions of the incorporated matter to be 
used by certified school directors in plarming, implementing and delivering basic detention officer training. The standards and 
requirements established by the "Detention Officer Certification Course Management Guide" must be adhered to by the certified 
school director. Each certified school director shall be issued a copy of the guide at the time of certification at no cost to the 
accredited school. 

Authority G.S. 17E-4(a). 

.0603 EVALUATION FOR TRAINING WAIVER 

(a) Applicants for certification with prior detention or correctional officer experience shall have been employed and certified 
as a detention or correctional officer in order to be considered for a training evaluation under this Rule. The following rules 
shall be used by division staff in evaluating a detention officer's training and experience to determine eligibility for a waiver of 
training: 

( 1 ) Persons who have separated from a detention officer position during the probationary period after having completed a 
commission-accredited detention officer training course and who have been separated from a detention officer position 
for more than one year shall complete a subsequent commission-accredited detention officer training course in its 
entirety and successfully pass the State Comprehensive Examination within the 12 month probationary period as 
described in 12 NCAC lOB .0602(a). 

(2) Persons who separated from a detention officer position during their probationary period after having completed a 
commission-accredited detention officer training course and who have been separated from a detention officer position 



12:8 NORTH CAROLINA REGISTER October 15, 1997 636 



PROPOSED RULES 



for one year or less shall serve the remainder of the initiaJ probationary period in accordance with G.S. 17E-7(b), but 
need not complete an additional training program. 

(3) Persons who separated from a detention officer position during the probationary period without having completed a 
detention officer training course or whose certification was suspended pursuant to 12 NCAC lOB .0204(b)(1) and who 
have remained separated or suspended for over one year shall complete a commission-accredited detention officer 
training course in its entirety and successfully pass the State Comprehensive Examination, and shall be allowed a 12 
month probationary period as prescribed in 12 NCAC lOB .0602(a). 

(4) Persons holding General Detention Officer Certification who have completed a commission-accredited detention 
officer training course and who have separated from a detention officer position for more than one year shall complete 
a subsequent commission-accredited detention officer training course in its entirety and successfully pass the State 
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0602(a). 

(5) Persons holding Grandfather Detention Officer Certification who separate from a detention officer position and remain 
separated from a detention officer position for more than one year shall be required to complete a 
commission-accredited detention officer training program in its entirety and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC 108 .0602(a). 

(6) Persons transferring to a sheriff's department from another law enforcement agency who hold a detention officer 
certification issued by the North Carolina Criminal Justice Education and Training Standards Commission shall be 
subject to evaluation of their prior training and experience on an individual basis. The Division staff shall determine 
the amount of training required of these applicants. 

(7) Persons holding general certification as a correctional officer issued by the North Carolina Criminal Justice Education 
and Training Standards Commission and who: 

(A) completed training as a correctional officer after January 1, 1981; and 

(B) transfer to a sheriff's department or a district confinement facility in a detention officer position; and 

(C) have had less than a one year break in service, or no break in service, shall serve a 12-month probationary 
period as prescribed in 12 NCAC lOB .0602(a) and shall complete the following topic areas in a commission- 
accredited detention officer certification course and take the state examination in its entirety during that 
probationary period: 

(i) Orientation 2 hours 

(ii) Legal Aspects of Jail Management & Supervision 19 hours 

(iii) Medical Care in the Jail 5 hours 

(iv) Investigative Process in the Jail 9 hours 

(v) Suicides and Crisis Management 5 hours 

(vi) Introduction to Rules and Regulations Governing Jail Facilities 2 hours 

(vii) Fire Emergencies in the Jail 12 hours 



TOTAL HOURS 54 hours 

(b) In those instances not specifically incorporated within this Section or where an evaluation of the applicant's prior training 

and experience determines that required attendance in the entire Detention Officer Training Course would be impractical, the 

director is authorized to exercise his/her discretion in determining the amount of training those persons shall complete during 

their probationary period. 

Authority G.S. 17E-4; 17E-7. 

.0605 COMPLETION OF DETENTION OFFICER CERTIFICATION COURSE 

(a) Each delivery of an accredited "Detention Officer Certification Course" is considered to be a unit as set forth in 12 
NCAC lOB .0601. Each trainee shall attend and satisfactorily complete a full course during a scheduled delivery. The school 
director may develop supplemental rules as set forth in 12 NCAC lOB .0704(a)(7), but may not add substantive courses, or 
change or expand the substance of the courses set forth in 12 NCAC lOB .0601. This Rule does not prevent the instruction on 
local agency rules or standards but such instruction shall not be considered or endorsed by the Commission for purposes of 
certification. The Director may issue prior written authorization for a specified trainee's limited enrollment in a subsequent 
delivery of the same course where the school director provides evidence that: 

(1) The trainee attended and satisfactorily completed specified class hours and topics of the "Detention Officer 
Certification Course" but through extended absence occasioned by illness, accident, or emergency was absent for 
more than 10 percent of the total class hours of the course offering; or 

(2) The trainee was granted excused absences by the school director that did not exceed ten percent of the total class hours 
for the course offering and the school director could not schedule appropriate make-up work during the current course 
offering as specified in 12 NCAC lOB .0604(c) due to valid reasons; or 

637 NORTH CAROLINA REGISTER October 15, 1997 12:8 



i 



PROPOSED RULES 



(3) The trainee participated in an offering of the "Detention Officer Certification Course" but had an identified deficiency 
in essential knowledge or skill in either one, two or three, but no more than three, of the specified topic areas 
incorporated in the course content as prescribed under 12 NCAC lOB .0601(b). 

(b) An authorization of limited enrollment in a subsequent course delivery may not be used by the Director unless in addition 
to the evidence required by Paragraph (a) of this Rule: 

(1) The trainee submits a written request to the Director, justifying the limited enrollment and certifying that the trainee's 
participation shall be accomplished pursuant to Paragraph (c) of this Rule; and 

(2) The school director of the previous school offering submits to the director a certification of the particular topics and 
class hours attended and satisfactorily completed by the trainee during the original enrollment. 

(c) An authorization of limited enrollment in a subsequent course delivery permits the trainee to attend an offering of the 
"Detention Officer Certification Course" commencing within 120 calendar days from the last date of trainee participation in 
prior course delivery, but only if the trainee's enrollment with active course participation can be accomplished within the period 
of the trainee's probationary certification: 

(1) The trainee need only attend and satisfactorily complete those portions of the course which were missed or identified 
by the school director as areas of trainee deficiency in the proper course participation. 

(2) Following proper enrollment in the subsequent course offering, scheduled class attendance and active participation 
with satisfactory achievement in the course, the trainee would be eligible for administration of the State 
Comprehensive Examination by the Commission and possible certification of successful course completion. 

(3) A trainee shall be enrolled as a limited enrollee in only one subsequent course offering within the 120 calendar days 
from the last date of trainee participation in prior course delivery. A trainee who fails to successfully complete those 
limited portions of the course after one retest will be required to enroll in an entire delivery of the Detention Officer 
Certification Course. 

(d) A trainee who is deficient in four or more subject-matter or topical areas at the conclusion of the course delivery shall 
complete a subsequent program in its entirety. 

Authority G.S. 17E-4; 17E-7. 

SECTION .0700 - MINIMUM STANDARDS FOR JUSTICE OFFICER SCHOOLS AND TRAINING PROGRAMS 

OR COURSES OF INSTRUCTION 

.0702 ADMINISTRATION OF JUSTICE OFFICER SCHOOLS 

The rules covering the administration of Criminal Justice Schools and training programs or courses of instruction, codified as 
Title 12, Subchapter 9B, Section .0200 of the North Carolina Administrative Code, effective and previously adopted by the 
North Carolina Criminal Justice Education And Training Standards Commission are hereby incorporated by reference and shall 
automatically include any later amendments and editions of the incorporated material to apply to actions of the North Carolina 
Sheriffs' Education and Training Standards Commission with the exception of the Detention Officer Certification Course. 
Copies of the incorporated materials may be obtained at no cost from the Criminal Justice Standards Division, North Carolina 
Department of Justice, 1 West Mo r gan St r eet, Post Office Drawer 149, Raleigh, NC 27602. 

Authority G.S. 17E-4. 

.0703 ADMINISTRATION OF DETENTION OFFICER CERTIFICATION COURSE 

(a) The executive officer or officers of the institution or agency sponsoring a Detention Officer Certification Course shall 
have primary responsibility for implementation of these rules and standards and for administration of the school. 

(b) The executive officers shall designate a compensated staff member who is certified by the Commission who may apply to 
be the school director. No more than two school directors shall be certified at each accredited institution/agency to deliver a 
Detention Officer Certification Course. The school director shall have administrative responsibility for planning scheduling, 
presenting, coordinating, reporting, and generally managing each sponsored detention officer certification cou r se, course and 
shall be readily available at aO times during course delivery as specified in 12 NCAC lOB .0704(b). 

(c) The executive officers of the institution or agency sponsoring the Detention Officer Certification Course shall: 

(1) acquire and allocate sufficient financial resources to provide commission-certified instructors and to meet other 
necessary program expenses; 

(2) provide adequate secretarial, clerical, and other supportive staff assistance as required by the school director; 

(3) provide or make available suitable facilities, equipment, materials, and supplies for comprehensive and qualitative 
course delivery, as required in the "Detention Officer Certification Course Management Guide" and specifically 
including the following: 



12:8 NORTH CAROLINA REGISTER October 15, 1997 638 



PROPOSED RULES 



(A) a comfortable, well-lighted and ventilated classroom with a seating capacity sufficient to accommodate all 
attending trainees; 

(B) audio-visual equipment and other instructional devices and aids necessary and beneficial to the delivery of 
effective training; 

(C) a library for trainees' use covering the subject matter areas relevant to the training course, maintained in 
current status and having sufficient copies for convenient trainee access; 

(D) Whe r e r equi r ed by course content, pr ovide o r make available facilities, equi p ment, and su pp lies to pr ovide 
training in p hysical and moto r -skill exe r cises such as handling disru p tive p eo p le, CPR, handling fire 
eme r gencies and cell sea r ches, a suitable area designated for instruction of specialized control techniques 
which enables the safe execution of the basic detention officer specialized control techniques topic area, with 
the followin g specifications: 

(ij 30 square feet of floor space per student during the practical exercise portion of this topic area and while 

testing trainees' proficiency in performing the required maneuvers: and 
(ii) one instructor for every 10 students during the practical exercise portion of this topic area and while 

testing trainees' proficiency in performing the required maneuvers: and 
(iii) restrooms and drinking water within 100 yards of the training site: and 
(iv) telephone or radio communication immediately available on site: 

(E) an area designated for use as a jaii ceil for performing the practical exercises in the topic area entitled 
"Contraband Searches". If a county j ail cell is unavailable, a simulated jail cell is acceptable provided it is built 
to tlie same specifications required by the Department of Human Resources with regards to size: 

(F) a suitable area designated for fire emergencies instruction which enables the safe execution of the lesson plan as 
follows: 

tij a well-ventilated, open area which allows for the setting and putting out of a fire: and 
(ii) restrooms and drinking water within 100 yards of tlie training site: and 
(iii) telephone or radio communication immediately available on site: and 
(iv) one instructor for every 10 students during the practical exercise portion of this training: 

(G) a suitable area designated for physical assessment of the detention officer trainees to include: 

iiX an appropriate area for running, weight lifting and other exercises performed during the assessment 
which provides a minimum of 20 square feet per trainee during the performance of the exercises required 
in tlie assessment: and 
(ii) restrooms and drinking water within 100 yards of the training site: and 
(iii) telephone or radio communication immediately available on site: and 
(iv) shower facilities, rf physical assessment is performed prior to classroom training: and 
(v) one instructor for every 10 students during the performance of the actual assessment: 
(H) a suitable area designated for instruction in first aid and CPR techniques which provides a minimum of 20 
square feet per trainee during the practical exercise portion and testing for proficiency in administering CPR. 
There must also be one instructor for every 10 students during the practical exercise portion and proficiency 
testing in administering CPR. 
(4) In the event that an institution or agency does not own a facility as required in this Section, written agreements with 
other entities must be made to assure use of and timely access to such facilities. A copy of such agreement must 
accompany the originating institution or agency "Pre-Delivery Report" (Form F7-A) when submitted to the Division. 

Authority G.S. 17E-4. 

.0704 RESPONSIBILITIES: SCHOOL DIRECTORS 

(a) In planning, developing, coordinating, and delivering each commission accredited Detention Officer Certification Course, 
the school director shall: 

(1) Formalize and schedule the course curriculum in accordance with the curriculum standards established by the 
Commission. 

(a) (A) The Detention Officer Certification Course shall be presented with a minimum of 40 hours of instruction 
each week during consecutive calendar weeks until course requirements are completed. 

ihi (B} In the event of exceptional or emergency circumstances, the Director may, upon written finding of 
justification, grant a waiver of the minimum hours requirement. 

(2) Select and schedule qualified instructors who are properly certified by the Commission. The selecting and scheduling 
of instructors is subject to special requirements as follows: 

ffr) £A} No single individual may be scheduled to instruct more than 35 percent of the total hours of the curriculum 
during any one delivery except as set forth in Part (a)(2)(B) of this Rule. 

639 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



(b) £8} Where the school director shows exceptional or emergency circumstances and the school director 
documents that an instructor is qualified to instruct more than 35 percent of the total hours of the curriculum, 
the Director of the Division may grant written approval for the expansion of the individual instructional 
limitation. 

(C) Schedule appropriate number of instructors for specific topic areas as required in 12 NCAC lOB .0703. 

(3) Provide each instructor with a commission-approved course outline and all necessary additional information 
concerning the instructor's duties and responsibilities. 

(4) Review each instructor's lesson plans and other instructional materials for conformance to established commission 
standards and to minimize repetition and duplication of subject matter. 

(5) Permanently maintain records of all Detention Officer Certification Courses sponsored or delivered by the school, 
reflecting: 

fa) £A1 Course title; 

fb) £B) Delivery hours of course; 
fe) (C] Course delivery dates; 

fd) (D) Names and addresses of instructors utilized within designated subject-matter areas; 

fe) {Ei A roster of enrolled trainees, showing class attendance and designating whether each trainee's course 
participation was successful or imsuccessful including individual test scores indicating each trainee's proficiency 
in each topic area and methods or instruments; 

tf) £FJ Copies of all rules, regulations and guidelines developed by the school director; 
fg) iG) Documentation of any changes in the initial course outline, including substitution of instructors; and 
fh) £HJ Documentation of make-up work achieved by each individual trainee, including test scores and methods or 
instruments. 

(6) Arrange for the timely availability of appropriate audiovisual aids and materials, publications, facilities and equipment 
for training in all topic a r eas, areas as required in the "Detention Officer Certification Course Management Guide". 

(7) Develop, adopt, reproduce, and distribute any supplemental rules, regulations, and requirements determined by the 
school to be necessary or appropriate for: 

(a) £A) Effective course delivery; 

(b) £B} Establishing responsibilities and obligations of agencies or departments employing course trainees; and 

te) £Q Regulating trainee participation and demeanor and ensuring trainee attendance and maintaining 
performance records. 

A copy of such rules, regulations and requirements shall be submitted to the Director as an attachment to the 
Pre-Delivery Report of Training Course Presentation, Form F-7A. A copy of such rules shall also be given to 
each trainee and to the sheriff of each trainee's employing agency at the time the trainee eiu'olls in the course. 

(8) If appropriate, recommend housing and dining facilities for trainees. 

(9) Not less than 30 days before commencing delivery of the course, submit to the Commission a Pre-Delivery Report of 
Training Course Presentation (Form F-7A) along with the following attachments: 

fa) lA} A comprehensive course schedule showing arrangement of topical presentations and proposed instructional 
assigimients; 

tb) (B} A copy of any rules, regulations, and requirements for the school and, when appropriate, completed 
applications for certification of instructors. 

The Director shall review the submitted Pre-Delivery Report together with all attachments to ensure that the 
school is in compliance with all commission mandated rules and regulations; if school's rules are found to be in 
violation, the Director shall notify the school director of deficiency, and approval will be withheld imtil all 
matters are in compliance with the Commissions' rules. 

(10) Administer the course delivery in accordance with commission-approved procedures, guidelines, and standards and 
ensure that the training offered is as effective as possible. 

(11) Monitor or designate a certified instructor to monitor the presentations of all probationary instructors during course 
delivery and prepare formal written evaluations on their performance and suitability for subsequent instructional 
assignments. These evaluations shall be prepared on commission forms and forwarded to the Division at the 
conclusion of each delivery. Based on this evaluation the school director shall have the added responsibility for 
recommending approval or denial of requests for Detention Officer Instructor Certification, Limited Lecturer 
Certification or Professional Lecmrer Certification. 

(12) Monitor or designate a certified instructor to monitor the presentations of all other instructors during course delivery 
and prepare formal written evaluations on their performance and suitability for subsequent instructional assignments. 
Instructor evaluations shall be prepared on commission forms in accordance with commission standards. These 
evaluations shall be kept on file by the school for a period of three years and shall be made available for inspection by 



12:8 NORTH CAROLINA REGISTER October 15, 1997 640 



PROPOSED RULES 



a representative of the Commission upon request. 

(13) Ensure that any designated certified instructor who is evaluating the instructional presentation of another shall, at a 
minimum, hold certification in the same instructional topic area as that being taught. 

(14) Administer or designate a person to administer appropriate tests as determined necessary at various intervals during 
course delivery. 

(15) Maintain direct supervision, direction, and control over the performance of all persons to whom any portion of the 
plaiming, development, presentation, or administration of a course has been delegated. 

(16) During a delivery of the Detention Officer Certification Course, make available to authorized representatives of the 
Commission three hours of scheduled class time and classroom facilities for the administration of a written 
examination to those trainees who have satisfactorily completed all course work. 

(17) Not more than ten days after receiving from the Commission's representative the Report of Examination Scores, the 
school director shall submit to the Commission a Post-Delivery Report of Training Course Presentation (Form 7-B). 

(b) In addition to the requirements in Xl NCAC lOB .0704(a). the school director shall be readily available to students and 
Division staff at ah times during course delivery b^^ telephone, pager, or other means. The means, and applicable numbers, 
shall be filed with the accredited training delivery site and the Division prior to the begirming of a scheduled course delivery. 

Authorin- G.S. I7E-4. 

.0705 CERTIFICATION: SCHOOL DIRECTORS 

(a) Any person designated to act as, or who performs the duties of. a school director in the delivery or presentation of a 
commission-accredited detention officer training course shall be and continuously remain certified by the Commission as a 
school director. 

(b) To qualif)' for certification as school director of the Detention Officer Certification Course, the applicant shall; 

(1) Submit a written request for the issuance of such certification executed by the executive officer of the institution or 
agency currently accredited, or which may be seeking accreditation, by the Commission to make presentation of 
accredited training programs and for whom the applicant will be the designated school director; 

(2) Be currently certified as a criminal justice instructor by the North Carolina Criminal Justice Education and Training 
Standards Commission; and 

(3) Attend or must have attended the most current offering of the school director's orientation as developed and presented 
bi the Commission staff; and 

(^ £41 Attend or must have attended the most current offering of the school director's conference as presented by the 
Commission staff and staff of the North Carolina Criminal Justice Education and Training Standards Commission and 
Standards Division. 

Authority G.S. 17E-4. 

.0706 TERMS AND CONDITIONS OF SCHOOL DIRECTOR CERTIFICATION 

(a) The term of certification as a school director is two years from the date the Commission issues the certification unless 
earlier terminated by action of the Commission. Upon application the certification may subsequently be renewed by the 
Commission for two-year periods. The application for renewal shall contain documentation meeting the requirements of Rule 
.0705(b)a). 

(b) To retain certification as a school director, the school director shall; 

(1) Adequately perform the duties and responsibilities of a school director as specifically required in Rule .0704. .0704: 

(2) Maintain an updated copy of the "Detention Officer Certification Training Manual" assigned to each accredited 
school, school; and 

13} Ensure compliance with the Commission's accreditation requirements as set forth in 12 NCAC lOB .0703 and .0802. 

Authority G.S. 17E-4. 

.0707 SUSPENSION: REVOCATION: OR DENIAL: SCHOOL DIRECTOR CERT 

The Commission may deny, suspend, or revoke certification of a school director when the Commission finds that the person 
has failed to meet or continuously maintain any of the requirements for qualification qualification, or any of the terms and 
conditions as specified in 12 NCAC lOB .0706. or through performance fails to comply with program rules and procedures of 
the Commission or otherwise demonstrates incompetence. 

Authority G.S. 17E-4. 



641 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



SECTION .0800 - ACCREDITATION OF JUSTICE OFFICER SCHOOLS AND TRAINING COURSES 

.0801 ACCREDITATION: JUSTICE OFFICER SCHOOLS/TRAINING COURSES 

The rules covering the accreditation of Criminal Justice Schools and training courses, codified as Title 12, Subchapter 9C, 
Section .0400 of the North Carolina Administrative Code, and previously adopted by the North Carolina Criminal Justice 
Education And Training Standards Commission, are hereby incorporated by reference and shall automatically include any later 
amendments and editions of the incorporated material to apply to actions of the Commission with the exception of the Detention 
Officer Instructor, Detention Officer Schools and Training Courses. Copies of the incorporated materials may be obtained at no 
cost from the Criminal Justice Standards Division, North Carolina Department of Justice, 1 West Mo r gan Street, Post Office 
Drawer 149, Raleigh, NC 27602. 

Authority G.S. 17E-4. 

.0802 ACCREDITATION: DELIVERY/DETENTION OFFICER CERTIFICATION COURSE 

(a) An institution or agency to must be accredited to deliver a Detention Officer Certification Course. Cou r se must submit a 
Form r-7 requesting school acc r editation. 

(b) In order to obtain accreditation, an institution or agency shall meet or exceed the following minimum standards for 
overall course delivery: 

(1) the institution or agency shall conduct a minimum of one Detention Officer Certification Course each calendar year: 

(2) the executive officer shall comply with the requirements of 12 NCAC lOB .0703: and 

(3) the executive officer shall comply with the additional accreditation requirements as specified in the "Detention Officer 
Certification Course Management Guide". 

(c) An institution or agency meeting the requirements of 12 NCAC lOB .0802(b) may submit a "Request for Accreditation" 
(Form F-7) to the Division. Upon receipt of the request, the Division staff shall: 

(1) review the application for completeness: 

(2) contact the institution or agency executive officer or designated school director to schedule an on-site visit and tour of 
the proposed training facilities: 

(3) during the on-site visit note any deficiencies and attempt to provide assistance and recommendations in correcting 
those deficiencies: and 

(4) notify the a pplying institution or agency, in writing, of the approval or denial of the accreditation request. 

(d) In cases where the deficiencies prohibit the immediate accreditation of the institution or agency, the application will be 
placed in a pending status: 

(1) applications may remain in a pending status for no more than 30 days from the date of notification of any deficiencies: 

and 
£2] within or following the 30 day period, the Division will: 

(A) issue accreditation: or 

(B) notify the institution or agency, in writing, that it must re-app ly for accreditation. 

(e) Any existing commission-issued accreditations issued and valid on July 31. 1998 are automatically extended with an 
expiration date of December 31. 1999 at which time the previously issued accreditation will be terminated. 

(f) All new applicants for accreditation shall meet the requirements of this Section after August 1. 1998. 

(g) The Division staff shall conduct an on-site accreditation audit once each calendar year which shall include, but is not 
limited to: 

(1) the review of all records maintained by the school director as required in 12 NCAC lOB .0704: and 

(2) the inspection of the institution or agency's training facilities to ensure continued compliance with accreditation 
standards as required in 12 NCAC lOB .0703 and .0802. 

(h) Following the annual audit, the Division staff shall: 
(n notify the institution or agency of the results of the audit: and 

£2} recommend to the Commission's Probable Cause Committee any action pursuant to 12 NCAC lOB .0802(i). 
fb) £i} School accreditation shall remain effective until surrendered, suspended, or revoked. 

fet ij} The Commission may suspend or revoke the accreditation of a school when it finds that the school has failed to meet 
or to continuously maintain any requirement, standard or procedure for school accreditation or course delivery as required by 
Section .0700 of this Subchapter. 

Authority G.S. 17E-4. 

SECTION .0900 - MINIMUM STANDARDS FOR JUSTICE OFFICER INSTRUCTORS 



12:8 NORTH CAROLINA REGISTER October 15, 1997 642 



PROPOSED RULES 



.0903 CERT: INSTRUCTORS FOR DETENTION OFFICER CERTinCATION COURSE 

(a) Any person participating in a commission-accredited Detention Officer Certification Course as an instructor, teacher, 
professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an 
instructor. A waiver may be granted by the Director upon receipt of a written application to teach in a designated school. 

(b) The Commission shall certify' Detention Officer Certification Course instructors under the following categories; 

( 1 ) Detention Officer Instructor Certification; 

(2) Professional Lecmrer Certification; or 

(3) Limited Lecturer Cenification as outlined in Rules .0904. .0906 and .0908 of this Section. 

(c) in addition to aU other requirements of this Section, each instructor certified by the Commission to teach in a 
Commission-accredited Detention Officer Certification Course shall remain knowledgeable in their specific areas and shall 
attend and successfully complete any instructor training updates related to curriculum content and delivery as may be offered by 
the curriculum developer and within the time period as specified by the curriculum developer. 

Authorin G.S. 17E-4. 

.0908 LIMITED LECTURER CERTIFICATION 

(a) The Commission may issue a Limited Lecturer Certification to an applicant who has developed specific or special skills 
by virtue of specific or special training. Limited Lecturer Certification may be issued in the following topical areas: 

(1) First Aid and CPR; 

(2) Una r med Self Defense : Specialized Control Techniques: 

(3) Fire Emergencies in the Jail; 

(4) Medical Care in the Jail; 

(5) Physical Assessment of Detention Office r s. Officers: 

(6) Fingerprinting and Photographing Arrestees. 

(b) To be eligible for a Limited Lecturer Certificate for topic areas set forth in Rule .0908(a), the applicant must possess a 
current valid CPR certification and meet the qualifications as follows: 

(1) First Aid and CPR: Certified Standard First Aid Instructor with the American Red Cross or a licensed physician. 
Family Nurse Practitioner, Licensed Practical Nurse (LPN), Registered Nurse (RN), Physician's Assistant, or EMT; 

(2) Una r med Self Defense : successful com p letion of N.C. De p a r tment of Co rr ections S p ecialized Instructo r T r aining - 
Una r med Self-Dcfcnsc: ce r tified by N.C. C r iminal Justice Lducaiion and T r aining Standa r ds Commission as s p ecific 
Co rr ections Unarmed Self Defense Instructo r : Specialized Control Techniques: certified by NC Criminal Justice 
Education and Training Standards Commission as Defensive Tactics Instructor and compliance with Rule .0903(c) of 
this Section; 

(3) Fire Emergencies in the Jail: Certified Fire Instructor: 

(4) Medical Care in a Jail: A Licensed Physician, Family Nurse Practitioner, LPN, RN, or EMT, or Physician's 
Assistant; 

(5) Physical Assessment of Detention Officer: certified as a Physical Fitness Instructor by the North Carolina Criminal 
Justice Education and Training Standards Commission. Commission; 

(6) Fingerprinting and Photographing Arrestees: certified as a General Instructor by the North Carolina Criminal Justice 
Education and Training Standards Commission. 

Authority G.S. 17E-4. 

.0909 TERMS AND CONDITIONS OF A LIMITED LECTURER CERTIFICATION 

(a) An applicant meeting the requirements for certification as a Limited Lecturer shall, for the first 12 months of 
cenification, be in a probationary status. The Limited Lecturer Certification, Probationan,' Status, shall automatically expire 12 
months from the date of issuance. 

(b) The probationary instructor shall be eligible for full Limited Lecturer status at the end of the probationary period if the 
instructor, through application, submits to the Commission: 

( 1 ) a favorable recommendation from a school director accompanied by certification on a commission Instructor 
Evaluation Form that the instructor taught at least four hours in each of the topics for which Limited Lecturer 
Certification, Probationary Status was granted. Such instruction must have occurred in a commission-accredited 
detention officer training course during the probationary period. The results of the student evaluation must be 
considered by the school director when determining the recommendation; or 

(2) a favorable written evaluation by a commission or staff member, based on an on-site classroom evaluation of the 
probationary instructor in a commission-accredited detention officer training course. Such evaluation must be 
certified on a commission Instructor Evaluation Form completed where the probationary instructor taught a minimum 

643 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



of four hours in each topic for which Limited Lecturer Certification, Probationary Status was granted; and 

(3) documentation that all other cenifications required in 12 NCAC lOB .0908 remain valid, valid: and 

(4) possess a current valid CPR certification. 

(c) Full Limited Lecturer Certification shall be continuous so long as the lecturer submits to the Division every two years: 

(1) a favorable written recommendation from a school director accompanied by certification on a commission instructor 
evaluation form that the lecturer successfully taught at least four hours in each of the topics for which Limited 
Lecturer Certification was granted during the previous two-year period; or 

(2) a favorable written evaluation by a commission member or staff member based on an on-site classroom observation of 
the lecturer while teaching a minimum of four hours in each of the topics for which Limited Lecturer Certification 
was granted; and 

(3) a renewal application to include documentation that all other certifications required in 12 NCAC lOB .0908 remain 
valid, valid: and 

(4) possess a current valid CPR certification. 

(d) The date Full Limited Lecturer Certification is originally issued is the anniversary date from which each two-year period 
is figured. 

(e) If a lecturer does not teach a minimum of four hours, in each of the topics for which Limited Lecturer Certification was 
granted, during each two-year period following the awarding of Full Limited Lecturer Certification, his/her certification 
automatically expires, and the lecturer must then apply for probationary limited lecturer certification and must meet all 
applicable requirements. 

Authority G.S. 17E-4. 

.0910 USE OF GUEST PARTICIPANTS 

The use of guest participants in a delivery of the Detention Officer Certification Course is p e r missible, permissible with the 
exception of those topic areas requiring instructors certified pursuant to 12 NCAC lOB .0908 and .0909. Howeve r , such Such 
guest participants are subject to the direct on-site supervision of a commission-certified instructor and must be authorized by the 
school director. A guest participant shall only be used to complement the primary certified instructor of the topic area and shall 
in no way replace the primary instructor. 

Authority G.S. 17E-4. 

.0911 SUSPENSION: REVOCATION: DENIAL OF DETENTION OFFICER INSTRUCTOR CERTIFICATION 

(a) The Division may notify an applicant for instructor certification or a certified instructor that a deficiency appears to exist 
and attempt, in an advisory capacity, to assist the person in correcting the deficiency. 

(b) When any person certified as an instructor by the Commission is found to have knowingly and willfully violated any 
provision or requirement of these Rules, the Commission may take action to correct the violation and to ensure that the violation 
does not recur, including: 

(1) issuing an oral warning and request for compliance; 

(2) issuing a written warning and request for compliance; 

(3) issuing an official written reprimand; 

(4) suspending the individual's certification for a specified period of time or imtil acceptable corrective action is taken by 
the individual; 

(5) revoking the individual's certification. 

(c) The Commission may deny, suspend, or revoke an instructor's certification when the Commission finds that the person: 

(1) has failed to meet and maintain any of the requirements for qualification; or 

(2) has failed to remain currently knowledgeable in the person's areas of expe r tise; expertise by failing to attend and 
successfully complete any instructor training updates pursuant to \2 NCAC lOB .0903(c); or 

(3) has failed to deliver training in a manner consistent with the instructor lesson plans; or 

(4) has failed to follow specific guidelines outlined in the "Detention Officer Certification Course Management Guide" 
which is hereby incorporated by reference and shall automatically include any later amendments and editions of the 
referenced materials. This publication is authored by and may be obtained from the North Carolina Justice Academy, 
Post Office Drawer 99, Salemburg, NC 28385 at no cost at the time of adoption of this Rule; or 

(5) has demonstrated unprofessional personal conduct in the delivery of commission-mandated training; or 

(6) has otherwise demonstrated instructional incompetence; or 

(7) has knowingly and willfully obtained, or attempted to obtain instructor certification by deceit, fraud, or 
misrepresentation. 



12:8 NORTH CAROLINA REGISTER October 15, 1997 644 



PROPOSED RULES 



(2) 
(3) 



(4) 



Authority G.S. 17E-4. 

SECTION .1000 - PROFESSIONAL CERTIFICATE PROGRAM FOR SHERIFFS AND DEPUTY SHERIFFS 

.1002 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the professional awards, a sheriff or deputy sheriff shall first meet the following 
preliminary qualifications: 

(I) Be an elected or appointed sheriff or be a deputy sheriff who holds valid General or Grandfather Certification. A 
deputy sheriff serving under a probationary certification is not eligible for consideration. Any justice officer subject 
to suspension or revocation proceedings by the Commission or the North Carolina Criminal Justice Education and 
Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding. 
The sheriff or deputy sheriff shall be familiar with and subscribe to the Law Enforcement Code of Ethics. 
If the applicant is a deputy sheriff, the deputy shall be a full-time sworn member of a North Carolina Sheriff's 
Department, as certified in writing by the sheriff; or be an a full-time employee of an agency who must be sworn by 
the sheriff in order to perform his duties as certified in writing by the Sheriff. 

Employees of a North Carolina Sheriff's Department who have previously held general or grandfather law 
enforcement officer certification but are presently, by virtue of promotion or transfer, serving in non-sworn positions 
not subject to certification are eligible to participate in the Professional Certificate Program. Eligibility for this 
exception requires continuous employment with the sheriff's department from the date of promotion or transfer from a 
sworn, certified position to the date of application for a professional certificate. 
Only training and/or experience gained in an officer's area of expertise will be eligible for application to this program. 

(b) Certificates are awarded based upon a formula which combines formal education, law enforcement training, and actual 
experience as a law enforcement officer. These professional certificates are appropriate for sworn sheriffs and full-time deputy 
sheriffs. Points are computed in the following manner: 

Each semester hour of college credit shall equal one education point and each quarter hour shall equal two-thirds of a 

an education porrttt point. No correspondence or vocational courses shall be credited towards education points unless 

an accredited institution credits the course(s) towards a degree: 

Twenty classroom hours of commission-approved law enforcement training shall equal one training point; 

Only expe r ience Experience as a sworn membe r of a law enforcement officer as defined in Rule .0103(16) agency o r 

equivalent ex p e r ience shall be acceptable for consideration; 

Applicants holding degrees will not be awarded additional points for those degrees and must instead meet the training 

point requirements of this Section through completion of law enforcement training. 



(5) 



(1) 



(2) 
(3) 

(4) 



Authority G.S. 17E-4. 

.1004 INTERMEDIATE LAW ENFORCEMENT CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1002, applicants for the Intermediate Law Enforcement Certificate shall 
possess or be eligible to possess the Basic Law Enforcement Certificate and shall have acquired the following combination of 
educational points or degrees, law enforcement training points and years of law enforcement training experience: 



Educational 
Degrees 


None 


None 


None 






Associate 


U3/1JA 

Bachelor 


Years of Law 

Enforcement 

E.xperience 


8 


6 


4 


4 


2 


Minimum Law 
Enforcement 
Training Points 


20 


35 


50 


24 


23 


Minimum Total 
Education and 
Training Points 


39 


69 


99 


24 


23 



(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior 



645 



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12:8 



PROPOSED RULES 



college, college or university accredited as such by the Department of Education of the state in which the institution is located, 
the national accrediting body, or the state university of the state in which the institution is located. No credit shall be given for 
any correspondence or vocational courses imless credited towards a degree by an accredited institution. 

Authority G.S. 17E-4. 

. 1005 ADVANCED LAW ENFORCEMENT CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1002, applicants for the Advanced Law Enforcement Certificate shall 
possess or be eligible to possess the Intermediate Law Enforcement Certificate and shall have acquired the following 
combination of educational points or degrees, law enforcement training points and years of law enforcement experience: 



Educational 
Degrees 


None 


None 


AA/AS 
Associate 






Bachelor 


Doctoral. 

Professional 

or Master 


Years of Law 

Enforcement 

Experience 


12 


9 


9 


6 


4 


Minimum Law 
Enforcement 
Training Points 


35 


50 


33 


27 


23 


Minimum Total 
Education and 
Training Points 


69 


99 


33 


27 


23 



(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior 
college, college or university accredited as such by the Department of Education of the state in which the institution is located, 
the regional accrediting body, or the state university of the state in which the institution is located. No credit shall be given for 
any correspondence or vocational courses unless credited towards a degree by an accredited institution. 

Authority G.S. 17E-4. 

.1006 HOW TO APPLY 

(a) All applicants for an award of the basic, intermediate or advanced certificates shall complete an "Application: 
Professional Certificate/Service Award", (F-6). 

(b) Documentation of education and t r aining shall be provided by copies of transcripts, diplomas, or certified letters from the 
accredited institution. Re p o r t of T r aining Cou r se Com p letion, agency training r eco r ds, o r othe r ve r ifying documents attached to 
the a pp lication. 

(c) Documentation of training shall be provided b^; copies of training records signed b^ the agency's training officer ot 
department head, or by providing certificates of completion. Military Police Officers shall provide a military DD-214 form for 
verification of service. Federal government employees (law enforcement agencies), shall provide certified letters of verification 
of employment or copies of federal oaths of office. 

(e) £d} Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification 
records, however, oaths of office may be requested of the applicant. Documentation shall be provided by ce r tified co p ies of 
p ast Oaths of Office, by certified letters of verification of employment from present and/or former out-of-state employers 
em p loyees (law enfo r cement agencies), (law enforcement agencies), o r othe r ve r ifying documents attached to the a pp lication. 

fdt (e) The applicant shall submit the "Application: Professional Certificate/Service Award", (F-6) to the agency head who 
shall attach his recommendation and forward the application to the Division. Certificates will be issued to the agency head for 
award to the applicant. 

Authority G.S. 17E-4. 

SECTION .1100 - SHERIFFS' AND JUSTICE OFFICERS' SERVICE AWARD PROGRAM 



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646 



PROPOSED RULES 



.1101 PLIRPOSE 

In order to recognize Sheriffs' and Justice Officers' loyal and competent service to a particular sheriff's dc p anmcnt, 
department in North Carolina, and also to the State of North Carolina, the Commission establishes the Sheriffs' and Justice 
Officers' Service Award Program. This program is a method by which dedicated oftlcers may receive local, state-wide and 
nation-wide recognition for their loyal and competent law enforcement service. 

Authority- G.S. 17E-4. 

.1102 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the service awards, a Justice Officer or Sheriff shall first meet the following 
preliminary qualifications: 

(1) Be an elected or appointed sheriff or be a justice officer that holds a valid general or grandfather certification. An 
officer serving under a probationary certification is not eligible for consideration. Any justice officer subject to 
suspension or revocation proceedings by the Commission or the North Carolina Criminal Justice Education and 
Training Standards Commission shall not be eligible for a service award for the pendency of the proceeding. 

(2) The Sheriff or justice officer shall be familiar with and subscribe to the Law Enforcement Code of Ethics. 

(3) Also, employees of a North Carolina Sheriff's Department who have previously held certification, but are presently, 
by virtue of promotion or transfer, serving in positions not subject to certification are eligible to participate in the 
service award program. Eligibility for this exception requires continuous employment with a sheriff's department 
from the date of promotion or transfer from a certified position to the date of application for a service award as 
certified in writing by the Sheriff. 

(b) Only experience as a full-time certified member of a law enforcement agency in North Carolina or experience as an 
elected or appointed sheriff in North Carolina shall be acceptable for consideration. 

Authority G.S. 17E-4. 

.1103 INTERiMEDIATE SERVICE AWARD 

In addition to the qualifications set forth in Rule .1102 an applicant must have served a minimum of 15 years as a certified 
justice officer. Yea r s of se r vice as an elected o r a pp ointed she r iff a r c also a pp licable. 

Authority G.S. 17E-4. 

.1104 ADVANCED SERVICE AWARD 

In addition to the qualifications set forth in Rule .1102 an applicant must have served a minimum of 20 years as a certified 
justice officer. Yea r s of se r vice as an elected o r a pp ointed she r iff a r c also ap p licable. 

Authority G.S. 17E-4. 

.1105 HOW TO APPLY 

(a) All applicants for either the Intermediate Service Award or the Advanced Service Award shall complete an "Application: 
Professional Certificate/Service Award," (F-6). 

(b) Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification 
records, however, oaths of oftlce ma\' be requested of the applicant, pr ovided by certified co p ies of p ast Oaths of Office, by 
ce r tified lette r s of \ ' e r ificaiion of em p loyment f r om pr esent and/or former employe r s (law enfo r cement agencies), o r othe r 
vc r ily ' ing documents attached to the a pp lication. 

(c) The applicant shall submit the application to the agency head who shall attach his recommendation and forward the 
application to the Division. The Ser\'ice Award will be issued to the agency head for presentation to the applicant. 

Authority G.S. 17E-4. 

SECTION .1200 - PROFESSIONAL CERTIFICATE PROGRAM FOR DETENTION OFFICERS 

.1202 GENERAL PROVISIONS 

(a) In order to be eligible for one or more of the detention officer professional awards, a detention officer shall first meet the 
following preliminary qualifications: 

(1 ) Be a full-time detention officer who holds valid general or grandfather certification. A detention officer serving under 
a probationar\- certification is not eligible for consideration. An\- detention officer subject to suspension or revocation 

647 NORTH CAROLINA REGISTER October 15, 1997 12:8 



PROPOSED RULES 



(2) 



(3) 



proceedings by the Commission or the North Carolina Criminal Justice Education and Training Standards Commission 

shall not be eligible for any detention officer professional awards for the pendency of the proceeding. 

Be familiar with and subscribe to the Law Enforcement Code of Ethics as promulgated by the International 

Association of Chiefs of Police to include any subsequent editions or modifications thereto. A copy of the Code of 

Ethics may be obtained at no cost from the Sheriffs' Standards Division, North Carolina Department of Justice, Post 

Office Box 629, Raleigh, North Carolina 27602-0629. 

Employees of a North Carolina Sheriff's Department who have previously held general or grandfather detention 

officer certification but are presently, by virtue of promotion or transfer, serving in positions not subject to 

certification are eligible to participate in the Professional Certificate Program. Eligibility for this exception requires 

continuous employment with the sheriff's department from the date of promotion or transfer from a certified position 

to the date of application for a professional certificate. 

(b) Only training and experience gained in an officer's area of expertise will be eligible for application to this program. 

(c) Certificates shall be awarded based upon a formula which combines formal education, training, and actual experience as a 
detention officer. Points are computed in the following manner: 

(1) Each semester hour of college credit shall equal one education point and each quarter hour shall equal two thirds of a 
an education pointt point. No correspondence or vocational courses shall be credited towards education points unless 
an accredited institution credits the course(s) towards a degree: 

Twenty classroom hours of commission-approved training shall equal one training point; 

Only ex p e r ience Experience as a member of a law enfo r c e ment agency correctional or detention facility in North 
Carolina as defined in Rule .0103(13) of this Subchapter o r equivalent expe r ience shall be acceptable for 
consideration; 

Applicants holding degrees shall not be awarded additional points for those degrees and must instead meet the training 
point requirements of this Section through completion of training in the field of jails or corrections. 



(2) 
(3) 



(4) 



Authority G.S. 17E-4. 

.1204 INTERMEDIATE DETENTION OFFICER PROFESSIONAL CERTIFICATE 

(a) In addition to the qualifications set forth m Rule .1202, applicants for the Intermediate Detention Officer Professional 
Certificate shall possess or be eligible to possess the Basic Detention Officer Professional Certificate and shall have acquired the 
following combination of educational points or degrees, detention officer or corrections training points and years of detention 
officer experience: 



Educational 
Degrees 


None 


None 


None 


AA/AS 

Associate 


nc /n A 


U3/UA 

Bachelor 


Years of 
Detention 
Officer 
Experience 


8 


6 


4 


4 


2 


Minimum 
Detention 
Officer 
Training Points 


6 


12 


16 


24 


23 


Minimum 
Total 

Education and 
Training Points 


13 


23 


33 


24 


23 



(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior 
college, college or university accredited as such by the Department of Education of the state in which the institution is located, 
the national accrediting body, or the state university of the state in which the institution is located. No credit shall be given for 
an^ correspondence or vocational courses unless credited towards a degree by an accredited institution. 

Authorit\' G.S. 17E-4. 



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648 



PROPOSED RULES 



.1205 ADVANCED DETENTION OFFICER PROFESSIONAL CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1202, applicants for the Advanced Detention Officer Professional 
Certificate shall possess or be eligible to possess the Intermediate Detention Officer Professional Certificate and shall have 
acquired the following combination of educational points or degrees, detention officer or corrections training points and years of 

detention officer experience: 



Educational 
Degrees 


None 


None 


AA/AS 
Associate 




/"; D A Fi/nn^ 


Bachelor 


Doctoral. 

Professional 

or Master 


Years of 
Detention 
Officer 
Experience 


12 


9 


9 


6 


4 


Minimum 
Detention 
Officer 
Training Points 


12 


16 


27 


26 


26 


Minimum 
Total 

Education and 
Training Points 


23 


33 


27 


26 


26 



(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior 
college, college or university accredited as such by the Department of Education of the state in which the institution is located, 
the regional accrediting body, or the state university of the state in which the institution is located. No credit shall be given for 
any correspondence or vocational courses unless credited towards a degree b^ an accredited institution. 

Aulhorm- G.S. 17E-4. 

.1206 HOW TO APPLY 

(a) All applicants for an award of the Basic. Intermediate or Advanced Certificates shall complete an "Application: 
Professional Certificate/Service Award", (F-6). 

(b) Documentation of education and t r aining shall be provided by copies of transcripts, diplomas, or certified letters from the 
accredited institution. Re p o r t of T r aining Cou r se Completion, agency t r aining r eco r ds, o r othe r ve r ifying documents attached to 
the application. 

(c) Documentation of training shall be provided by copies of training records signed b^; the agency's training officer or 
department head, or by providing certificates of completion. No out-of-state training shall be accepted, unless, the officer is 
employed in North Carolina during the time of training. 

to (dl Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification 
records, however, shall be pr ovided by certified letters of verification of employment from present and/or former em p loye r s, 
emplo\ers ma>- be requested of applicant, o r othe r ve r if> ' ing documents attached to the application. No out-of-state length of 
service shall be applicable to this certificate program. 

t^ lei The applicant shall submit the "Application: Professional Certificate/Service Award", (F-6) to his sheriff who shall 
attach his recommendation and forward the application to the Commission. Certificates will be issued to the sheriff for award to 
the applicant. 

Authors G.S. 17E-4. 



649 



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October 15, 1997 



12:8 



PROPOSED RULES 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the DENR - Environmental Management 
Commission intends to amend rules cited as ISA NCAC 2D 
.0535. .0927. .1102 - .1104. .1106. .1109. .1201, .1205; 2Q 
.0101 - .0102. .0301 - .0302, .0306. .0312. .0501; adopt 
ndes cited as 15A NCAC 2D .1112; 2Q .0527. .0701 - .0713; 
and repeal nde cited as 15A NCAC 2H .0610. Notice of 
Rule-making Proceedings was published in the Register on 
December 15. 1995 and July 15. 1996. 

Proposed Effective Date: July 1. 1998 

A Public Hearing will be conducted at 7:00 p.m. on 
November 18. 1997 at the Archdale Building, Groundfloor 
Hearing Room. 512 N. Salisbury Street. Raleigh. NC 27603. 

Reason for Proposed Action: 

15A NCAC 2D. 1109. .1112; 2Q .0302, .0306, .0312, .0527 

- To amend the case-by-case Maximum Achievable Control 
Technology ndes by incorporating details of the final federal 
requirements into the existing state ndes requiring and 
specifying procedures for such determinations. 
ISA NCAC 2D .0S3S, .0927, .1102 - .1104, .1106, .1201, 
.1205; 2H .0610; 2Q .0101 - .0102, .0301, .OSOl, .0701 - 
. 0713 - To: (1) amend the air toxics ndes by recodifying them 
into a new Section: (2) incorporate the five Air Toxic 
Workgroup recommendations: option for DAQ to model, 
change averaging time for acute irritants from 15 minutes to 1 
hour, include pollution prevention for certain demonstrations, 
exempt combustion sources, and exempt insignificant activities 
where appropriate; and (3) add a one-hour acceptable 
ambient level (AAL) for methylene chloride and revised AAL 
for toluene diisocyanate. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearings. Any person 
desiring to comment for more than three minutes is requested 
to submit a written statement for inclusion in the record of 
proceedings at the public hearing. TJie hearing record will 
remain open until December 15. 1997. to receive additional 
written statements. 

NOTE: In addition to the amendments and adoptions, the 
Environmental Management Commission (EMC) is asking for 
specific comment on two issues: 1) the appropriateness of 
defining through ndemaking federal Maximum Achievable 
Control Technology (MACT) to be the equivalent of maximum 
feasible control technology for sources subject to MACT; and 
2) allowing new facilities to apply maximum feasible control 
technology in instances where it is technically or economically 
infeasible to demonstrate compliance with an acceptable 
ambient level or where the affected area is considered 
uninhabitable . 
Comments should be sent to and additional information 



concerning the hearing or the proposals may be obtained by 
contacting: 

Mr. Thomas C. Allen 

Division of Air Quality 

PO Box 29580 

Raleigh. NC 27626-0580 

(919) 733-1489 (phone) 

(919) 715-7476 (fax) 

thom_allen@aq.ehnr. state. nc. us (e-mail) 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. Rules in 2D 
.1100 and 2Q .0700 do have a substantial economic impact of 
at least five million dollars ($5,000,000) in a 12-month 
period. The remainder ndes do not have a substantial 
economic impact. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .0500 - EMISSION CONTROL STANDARDS 

.0535 EXCESS EMISSIONS REPORTING AND 
MALFUNCTIONS 

(a) For this Rule the following definitions apply: 

(1) "Excess Emissions" means an emission rate that 
exceeds any applicable emission limitation or 
standard allowed by any rule in Sections .0500, 
.0900, .1200, or .1400 of this Subchapter; or by a 
permit condition; or that exceeds an emission limit 
established in a permit issued under 15 A NCAC 2H 

Te^er 20 .0700. 

(2) "Malfunction" means any unavoidable failure of air 
pollution control equipment, process equipment, or 
process to operate in a normal and usual manner 
that results in excess emissions. Excess emissions 
during periods of routine start-up and shut-down of 
process equipment shall not be considered a 
malfunction. Failures caused entirely or in part by 
poor maintenance, careless operations or any other 
upset condition within the control of the emission 
source shall not be considered a malfunction. 

(3) "Start-up" means the commencement of operation 
of any source that has shut-down or ceased 
operation for a period sufficient to cause 
temperature, pressure, process, chemical, or a 
pollution control device imbalance that would 
result in excess emission. 

(4) "Shut-down" means the cessation of the operation 
of any source for any purpose. 

(b) This Rule does not apply to sources to which Rules 
.0524, .1110, or .1111 of this Subchapter applies unless 
excess emissions exceed an emission limit established in a 
permit issued under 15 A NCAC 211 .0610 2Q .0700 that is 



12:8 



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October 15, 1997 



650 



PROPOSED RULES 



more stringent than the emission limit set by Rules .0524, 
. 1110 or .1111 of this Subchapter. 

(c) Any e.xcess emissions that do not occur during start-up 
or shut-down shall be considered a violation of the 
appropriate rule unless the owner or operator of the source of 
e.xcess emissions demonstrates to the Director, that the excess 
emissions are the result of a malfunction. To determine if the 
excess emissions are the result of a malfunction, the Director 
shall consider, along with any other pertinent information, the 
following: 

(1) The air cleaning device, process equipment, or 
process has been maintained and operated, to the 
maximum extent practicable, consistent with good 
practice for minimizing emissions: 

(2) Repairs have been made expeditiously when the 
emission limits have been exceeded; 

(3) The amount and duration of the excess emissions, 
including any bypass, have been minimized to the 
maximum extent practicable; 

(4) All practical steps have been taken to minimize the 
impact of the excess emissions on ambient air 
quality; 

(5) The excess emissions are not part of a recurring 
pattern indicative of inadequate design, operation, 
or maintenance; 

(6) The requirements of Paragraph (f) of this Rule have 
been met; and 

(7) If the source is required to have a malfunction 
abatement plan, it has followed that plan. 

All malfunctions shall be repaired as expeditiously as 
practicable. However, the Director shall not excuse e.xcess 
emissions caused by malfunctions from a source for more 
than 15 percent of the operating time during each calendar 
year. The Director may require the owner or operator of a 
facility to maintain records of the time that a source operates 
when it or its air pollution control equipment is 
malfunctioning or otherwise has excess emissions. 

(d) All electric utility boiler units subject to a rule in this 
Section shall ha\e a malfunction abatement plan appro\ed by 
the Director. In addition, the Director may require any other 
source to have a malfunction abatement plan approved by the 
Director. If the Director requires a malfunction abatement 
plan for a source other than an electric uuYm boiler, the 
owner or operator of that source shall submit a malfunction 
abatement plan within 60 days after receipt of the Director's 
request. The malfunction plans of electric utility boiler units 
and of other sources required to have them shall be 
implemented when a malfunction or other breakdown occurs. 
The purpose of the malfunction abatement plan is to prevent, 
detect, and correct malfunctions or equipment failures that 
could result in excess emissions. A malfunction abatement 
plan shall contain as a minimum: 

(1) a complete pre\entive maintenance program 
including: 

(A) the identification of individuals or positions 
responsible for inspecting, maintaining and 
repairing air cleaning devices: 



(B) a description of the items or conditions that 
will be inspected and maintained; 

(C) the frequency of the inspection, maintenance 
services, and repairs; and 

(D) an identification and quantities of the 
replacement parts that shall be maintained in 
inventory for quick replacement; 

(2) an identification of the source and air cleaning 
operating variables and outlet variables, such as 
opacity, grain loading, and pollutant concentration, 
that may be monitored to detect a malfimction or 
failure; the normal operating range of these 
variables and a description of the method of 
monitoring or surveillance procedures and of 
informing operating personnel of any malfunctions, 
including alarm systems, lights or other indicators; 
and 

(3) a description of the corrective procedures that the 
owner or operator will take in case of a malfunction 
or failure to achieve compliance with the applicable 
rule as expeditiously as practicable but no longer 
than the next boiler or process outage that would 
provide for an orderly repair or correction of the 
malfunction or 15 days, whichever is shorter. If 
the owner or operator anticipates that the 
malfunction would continue for more than 15 days, 
a case-by-case repair schedule will be established 
by the Director with the source. 

The owner or operator shall maintain logs to show that the 
operation and maintenance parts of the malfunction abatement 
plan are implemented. These logs shall be subject to 
inspection b\' the Director or his designee upon request during 
business hours. 

(e) The owner or operator of any electric utility boiler unit 
required to have a malfunction abatement plan shall submit a 
malfunction abatement plan to the Director within 60 days of 
the effective date of this Rule. The owner or operator of any 
other source required by the Director to have a malfunction 
abatement plan shall submit a malfunction abatement plan to 
the Director within six months after it has been required by 
the Director. The malfunction abatement plan and any 
amendment to it shall be reviewed by the Director or his 
designee. If the plan is satisfactory, the Director shall 
approve it. If the plan does not adequately carry out the 
objectives described by Paragraph (d) of this Rule, the 
Director shall disapprove the plan. The Director shall state 
his reasons for his disappro\al. The person who submits the 
plan shall satisfactorily amend the plan as required by the 
Director within a time prescribed by the Director. Any 
person having an approved malfunction abatement plan shall 
submit to the Director for his approval amendments reflecting 
changes m any element of the plan required by Paragraph (d) 
of this Rule or amendments when requested by the Director. 
The malfunction abatement plan and amendments to it shall 
be implemented within 90 days upon receipt of written notice 
of approval . 

(f) The owner or operator of a source of excess emissions 



651 



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12:8 



PROPOSED RULES 



that last for more than four hours and that results from a 
malfunction, a breakdown of process or control equipment or 
any other abnormal conditions, shall: 

(1) notify the Director or his designee of any such 
occurrence by 9:00 a.m. Eastern time of the 
Division's next business day of becoming aware of 
the occurrence and describe: 

(A) name and location of the facility, 

(B) the nature and cause of the malfunction or 
breakdown, 

(C) the time when the malfunction or breakdown 
is first observed, 

(D) the expected duration, and 

(E) an estimated rate of emissions; 

(2) notify the Director or his designee immediately 
when the corrective measures have been 
accomplished; 

(3) submit to the Director within 15 days after the 
request a written report that includes: 

(A) name and location of the facility, 

(B) identification or description of the processes 
and control devices involved in the 
malfunction or breakdown, 

(C) the cause and nature of the event, 

(D) time and duration of the violation or the 
expected duration of the excess emission if 
the malfunction or breakdown has not been 
fixed, 

(E) estimated quantity of pollutant emitted, 

(F) steps taken to control the emissions and to 
prevent recurrences and if the malfunction or 
breakdown has not been fixed, steps planned 
to be taken, and 

(G) any other pertinent information requested by 
the Director. 

After the malfunction or breaKdown has been corrected, the 
Director may require the owner or operator of the source to 
test the source in accordance with Rule .0501 of this Section 
to demonstrate compliance. 

(g) Start-up and shut-down. Excess emissions during start- 
up and shut-down shall be considered a violation of the 
appropriate rule if the owner or operator cannot demonstrate 
that the excess emissions are unavoidable when requested to 
do so by the Director. The Director may specify for a 
particular source the amount, time, and duration of emissions 
allowed during start-up or shut-down. The owner or operator 
shall, to the extent practicable, operate the source and any 
associated air pollution control equipment or monitoring 
equipment in a manner consistent with best practicable air 
pollution control practices to minimize emissions during start- 
up and shut-down. 

Authority G.S. 143-21 5. 3(a)(1); 143-215. 107(a)(4): 143- 
215.107(a)(5). 

SECTION .0900 - VOLATILE ORGANIC 



COMPOUNDS 

.0927 BULK GASOLINE TERMINALS 

(a) For the purpose of this Rule, the following definitions 
apply: 

(1) "Bulk gasoline terminal" means: 

(A) breakout tanks of an interstate oil pipeline 
facility; or 

(B) a gasoline storage facility which usually 
receives gasoline from refineries primarily 
by pipeline, ship, or barge; and delivers 
gasoline to bulk gasoline plants or to 
commercial or retail accounts primarily by 
tank truck; and has an average daily 
throughput of more than 20,000 gallons of 
gasoline. 

(2) "Gasoline" means a petroleum distillate having a 
Reid vapor pressure of four psia or greater. 

(3) "Breakout tank" means a tank used to: 

(A) relieve surges in a hazardous liquid pipeline 
system, or 

(B) receive and store hazardous liquids 
transported by pipeline for reinjection and 
continued transport by pipeline. 

(b) This Rule applies to bulk gasoline terminals and the 
appurtenant equipment necessary to load the tank truck or 
trailer compartments. 

(c) Gasoline shall not be loaded into any tank trucks or 
trailers from any bulk gasoline terminal unless: 

(1) The bulk gasoline terminal is equipped with a vapor 
control system that prevents the emissions of 
volatile organic compounds from exceeding: 

(A) 80 milligrams per liter (4.7 grains per 
gallon) of gasoline loaded for control systems 
installed before December 1, 1992 until 
December 1, 1995 or the next major 
modification, whichever occurs first; after 
December 1, 1995 or at the next major 
modification, these control systems shall 
prevent emissions of volatile organic 
compounds from exceeding 35 milligrams 
per liter of gasoline loaded; 

(B) 35 milligrams per liter for control systems 
installed after December 1, 1992; and that is 
properly installed, in good working order, 
and in operation. The owner or operator 
shall obtain from the manufacturer and 
maintain in his records a pre-installation 
certification stating the vapor control 
efficiency of the system in use; 

(2) Displaced vapors and gases are vented only to the 
vapor control system or to a flare; 

(3) A means is provided to prevent liquid drainage 
from the loading device when it is not in use or to 
accomplish complete drainage before the loading 
device is disconnected; and 



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652 



PROPOSED RULES 



(4) All loading and vapor lines are equipped with 
fittings which make vapor-tight connections and 
which are automatically and immediately closed 
upon disconnection. 

(d) Sources regulated by Paragraph (b) of this Rule shall 
not: 

(1) allow gasoline to be discarded in sewers or stored 
in open containers or handled in any manner that 
would result in evaporation, or 

(2) allow the pressure in the vapor collection system to 
exceed the tank truck or trailer pressure relief 
settings. 

(e) The owner or operator of a bulk gasoline terminal shall 
paint all tanks used for gasoline storage white or silver at the 
next scheduled painting or by December 1, 2002, whichever 
occurs first. 

(f) The owner or operator of a bulk gasoline terminal shall 
install on each external fioating roof tank with an inside 
diameter of 100 feet or less used to store gasoline a self- 
supporting roof, such as a geodesic dome, at the next time 
that the tank is taken out of service or by December 1, 2002, 
whichever occurs first. 

(g) The following equipment shall be required on all new 
tanks storing gasoline at a bulk gasoline terminal when put 
into service and shall be required on all existing tanks storing 
gasoline at a bulk gasoline terminal by December 1, 1995: 

(1) rim-mounted secondary seals on all external and 
internal floating roof tanks, 

(2) welded seams where possible, otherwise gaskets on 
roof and deck fittings, and 

(3) floats in the slotted guide poles with a gasket 
around the cover of the poles. 

(h) If, upon facility or operational modification of a bulk 
gasoline terminal that existed before 

December 1, 1992, an increase in benzene emissions results 
such that: 

(1) emissions of volatile organic compounds increase 
by more than 25 tons cumulative at any time during 
the five years following modifications; and 

(2) annual emissions of benzene from the cluster where 
the bulk gasoline terminal is located (including the 
pipeline and marketing terminals served by the 
pipeline) exceed benzene emissions from that 
cluster based upon calendar year 1991 gasoline 
throughput and application of the requirements of 
this Subchapter, 

the annual increase in benzene emissions due to the 
modification shall be offset within the cluster by reduction in 
benzene emissions beyond that otherwise achieved as a result 
of compliance with this Rule, in the ratio of at least 1.3 to 1. 
(i) The owner or operators of a bulk gasoline terminal that 
has been permitted before December 1, 1992, to emit toxic 
air pollutants under 15A NCAC 211 .0 6 10 2Q .0700 to 
comply with Section .1100 of this Subchapter shall continue 
to adhere to all terms and conditions of the permit issued 
under 15A NCAC 211 .0610 IQ .0700 and to bring the 
terminal into compliance with Section . 1 100 of this 



Subchapter in accordance with the terms and conditions of the 
permit, in which case the bulk gasoline terminal shall 
continue to need a permit to emit toxic air pollutants and shall 
be exempted from Paragraphs (e) through (h) of this Rule. 

(j) Within one year after December 1, 1996, the Director 
shall determine the incremental ambient benzene levels at the 
fence line of any bulk gasoline terminal cluster resulting from 
benzene emissions from such cluster and shall report his 
findings to the Commission. 

(k) The owner or operator of any bulk gasoline terminal 
subject to this Rule that begins construction or is in operation 
before December 1, 1992, shall submit: 

(1) documentation that the control system meets the 
limit of 35 milligrams per liter required under 
Paragraph (c) of this Rule and that the requirements 
of Paragraph (g) of this Rule have been met, or 

(2) a compliance schedule by which the bulk gasoline 
terminal shall come into compliance by December 
1, 1995, with Paragraphs (c) or (g) of this Rule. 

(1) The owner or operator of a bulk gasoline terminal shall 
not load, or allow to be loaded, gasoline into any truck tank 
or trailer unless the truck tank or trailer has been certified 
leak tight in accordance with Rule .0932 of this Section 
within the last 12 months. 

Authority G.S. 143-21 5. 3 (a)(1); 143-215. 107(a)(5). 

SECTION .1100 - CONTROL OF TOXIC AIR 
POLLUTANTS 

.1102 APPLICABILITY 

(a) The toxic air pollutant rules in this Section apply to all 
facilities that emit a toxic air pollutant that are required to 
have permit under 15 A NCAC 211 .0 6 10. 2iQ .0700. 

(b) Sources at facilities subject to this Section shall comply 
with the requirements of this Section as well as with any 
applicable requirements in Sections .0500, .0900, and .1200. 

Authority G.S. 143-21 5. 3 (a)(1); 143-215. 107(a)(1), (3), (4). 
(5); 143B-282; S.L. 1989, c. 168. s. 45. 

.1103 DEFINITION 

For the purpose of this Section, the following definitions 
apply: 

(1) (^ "Asbestos" means asbestos fibers as defined in 
40 CFR 61.141. 
"CAS Number" means the Chemical Abstract 



ill 



in 



14i 



Service registry number identifying a particular 

substance. 

"Cresol" means o-cresol. p-cresol. m-cresol or any 

combination of these compounds. 

"GACT" means any generally available control 

technology emission standard applied to an area 

source or facility pursuant to Section 1 12 of the 

federal Clean Air Act. 



653 



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12:8 



PROPOSED RULES 



(5) "Hexane isomers except n-hexane" means 2-methyl 
pentane. 3-methvl pentane. 2.2-climethyl butane. 
2.3-dimethvl butane, or any combination of these 
compounds. 

(6) "MACT" means any maximum achievable control 
technology emission standard applied to a source or 
facility pursuant to Section 112 of the federal Clean 
Air Act. 

(7) "Polychlorinated biphenvls" means any chlorinated 
biphenyl compound or mixture of chlorinated 
biphenvl compounds. 



(8) t+^ "Toxic air pollutant" means any of those 
carcinogens chronic toxicants, acute systemic 
toxicants, or acute irritants that a r c listed in Rule 
. 1 104 of this Section. 

Authority G.S. 143-213: 143-215. 3(a)(1); 143B-282; S.L. 
1989. c. 168, s. 45. 



.1104 TOXIC AIR POLLUTANT GUIDELINES 

fa) A facility shall not emit any of the following toxic air pollutants in such quantities that may cause or contribute beyond the 
premises (adjacent property boundary) to any significant ambient air concentration that may adversely affect human health. In 
determining these significant ambient air concentrations, the Division shall be guided by the following list of acceptable ambient 
levels in milligrams per cubic meter at 77° F (25° C) and 29.92 inches (760 mm) of mercury pressure (except for asbestos): 



Pollutant (CAS Number) 


Annual 
(Carcinogens) 


24-hour 

(Chronic 

Toxicants) 


1-hour 
(Acute 
Systemic 
Toxicants) 




,1-hour 

(Acute Irritants) 


m acetaldehyde (75-07-0) 








27 


Oi acetic acid (64-19-7) 








3.7 


e^ acrolein (107-02-8) 








0.08 


acrvlonitrile (107-13-1) 


1.5 x 10-4 








(4^ ammonia (7664-41-7) 








2.7 


ammonium chromate 
(7788-98-9) 




6.2 X lO' 






ammonium dichromate 
(7789-09-5) 




6.2 X 10' 






<^ aniline (62-53-3) 






1 




i€i arsenic and inorganic 
arsenic compounds 


2.3 X 10' 








m asbestos (1332-21-4) 


2.8 X 10" 
fibers/ml 








m aziridine (151-56-4) 




0.006 






benzene (71-43-2) 


1.2 X 10 ■• 








(9) benzidine and salts 
(92-87-5) 


1.5 X 10* 








ti^) benzo(a)pyrene (50-32-8) 


3.3 X 10' 








tHi benzyl chloride (100-44-7) 






0.5 




t«) beryllium (7440-41-7) 


4.1 X 10" 








H3) beryllium chloride 
(7787-47-5) 


4.1 X 10' 









12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



654 



PROPOSED RULES 



Pollutant (CAS Number) 


Annual 
(Carcinogens) 


24-hour 

(Chronic 

Toxicants) 


1 -hour 
(Acute 
Systemic 
Toxicants) 




1-hour 

(Acute Irritants) 


(+4^ bers'llium tluonde 
(7787-49-7) 


4.1 X 10' 








H-5t beryllium nitrate 
(13597-99-4) 


4.1 X 10' 








(+6) bis-chloromethyl ether 
(542-88-1) 


3.7 X 10' 








t¥P, bromine (7726-95-6) 








0.2 


1.3-butadiene (106-99-0) 


1.7 X 10' 








rt*> cadmium (7440-43-9) 


5.5 X 10" 








(+9) cadmium acetate 
(543-90-8) 


5.5 X 10' 








t^O) cadmium bromide 
(7789-42-6) 


5.5 X 10' 








calcium chromate (13765-19-0) 


8.3 X 10' 








ei-> carbon disulfide (75-15-0) 




0.186 






carbon tetrachloride (56-23-5) 


6.7 X 10' 








<-5^ chlorine (7782-50-5) 




0.0375 




0.9 


te^ chlorobenzene (108-90-7) 




■) T 






chloroform (67-66-3) 


4.3 X 10 ■' 








(54^ chloroprene (126-99-8) 




0.44 


3.5 




chromic acid (7738-94-5) 




6.2 X 10-' 






chromium (VI) 


8.3 X 10' 








e^t cresol (1319-77-3) 






2.2 




(26) p-dichlorobenzene 
(106-46-7) 








66 


t¥h dichlorodifluoromethane 
(75-71-8) 




248 






t^ dichlorofluoromethane 
(75-43-4) 




0.5 






t^ di(2-ethylhexyl)phthalate 

(117-81-7) 




0.03 






eet dimethyl sulfate (77-78-1) 




0.003 






t3+) 1,4-dioxane (123-91-1) 




0.56 






t*^ epichlorohvdrin (106-89-8) 


8.3 X 10- 








t^^ ethyl acetate (141-78-6) 






140 




t3+) ethylenediamine (107-15-3) 




0.3 


2.5 





( 



i 



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12:8 



PROPOSED RULES 






Pollutant fCAS Number) 


Annual 
(Carcinogens) 


24-hour 

(Chronic 

Toxicants) 


1 -hour 
(Acute 
Systemic 
Toxicants) 




1-hour 

(Acute Irritants) 


(35) ethylene dibromide 
(106-93-4) 


4.0 X lO' 








(36) ethylene dichloride 
(107-06-2) 


3.8 X 10' 








(37) ethylene glycol monoethyl 
ether (110-80-5) 




0.12 


1.9 




ethylene oxide (75-21-8) 


2.7 X 10- 








(38) ethyl mercaptan (75-08-1) 






0.1 




(39) fluorides 




0.016 


0.25 




(40) formaldehyde (50^0a£) 








0.015 


(4+) hexachlorocyclopentadiene 

(77-47-4) 




0.0006 


0.01 




(42) hexachlorodibenzo-p-dioxin 
(57653-85-7) 


7.6 X 10' 








HH n-hexane (110-54-3) 




1.1 






(44) hexane isomers except n- 
hexane 








360 


(45) hydrazine (302-01-2) 




0.0006 






(46) hydrogen chloride 
(7647-01-0) 








0.7 


(47) hydrogen cyanide (74-90-8) 




0.14 


1.1 




(48) hydrogen fluoride 
(7664-39-3) 




0.03 




0.25 


(49) hydrogen sulfide 
(7783-06-4) 








2.1 


(50) maleic anhydride 
(108-31-6) 




0.012 


0.1 




(5i) manganese and compounds 




0.031 






(52) manganese cyclopentadienyl 
tricarbonyl (12079-65-1) 




0.0006 






(53) manganese tetroxide 

(1317-35-7) 




0.0062 






(54) mercury, alkyl 




0.00006 






(55) mercury, aryl and inorganic 
compounds 




0.0006 






(56) mercury, vapor (7439-97-6) 




0.0006 






(57) methyl chloroform (71-55-6) 




12 




245 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



656 



PROPOSED RULES 



Pollutant (CAS Number) 


Annual 
(Carcinogens) 


24-hour 

(Chronic 

Toxicants) 


1 -hour 
(Acute 

Systemic 
Toxicants) 




1 -hour 

(Acute Irritants) 


methylene chloride (75-09-2) 


2.4 X 10- 




1.7 




{5%) methyl ethyl ketone 
(78-93-3) 




3.7 




88.5 


(59) methyl isobutyl ketone 

(108-10-1) 




2.56 




30 


t60) methvl mercaptan (74-93-1) 






0.05 




t6i-) nickel carbonyl 
(13463-39-3) 




0.0006 






(^^ mckel metal (7440-02-0) 




0.006 






ifi^ nickel, soluble compounds, 
as nickel 




0.0006 






f6=H nickel subsultlde 
(12035-72-2) 


2,1 X 10- 








t^M nitric acid (7697-37-2) 








1 


t6fr> nitrobenzene (98-95-3) 




0.06 


0.5 




t6?1 N-nitrosodimethylamine 
(62-75-9) 


5.0 X 10- 








t68) pentachlorophenol 

(87-86-5) 




0.003 


0.025 




perchloroethvlene (127-18-4) 


1.9 X 10' 








phenol (108-95-2) 






0.95 




tKn phosaene (75-44-5) 




0.0025 






<^H-> phosphine (7803-51-2) 








0.13 


t??> polvchlorinated biphenyls 
(1336-36-3) 


8.3 X 10' 








potassium chromate 
(7789-00-6) 




6.2 X 10-" 






potassium dichromate 
(7778-50-9) 




6.2 X 10' 






sodium chromate (7775-11-3) 




6.2 X 10-^ 






sodium dichromate 
(10588-01-9) 




6.2 X 10--' 






strontium chromate (7789-06-2) 


8.3 X 10' 








6^ stvrene (100-42-5) 






10.6 




H^ sulfuric acid (7664-93-9) 




0.012 


0.1 




tetrachlorodibenzo-p-dioxin 
(1746-01-6) 


3.0 X 10' 









( 



{ 



657 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 






Pollutant (CAS Number) 


Annual 
(Carcinogens) 


24-hour 

(Chronic 

Toxicants) 


1-hour 

(Acute 

Systemic 

Toxicants) 




1-hour 

(Acute Irritants) 


t?5) l,l,l,2-tetrachloro-2,2,- 
dinuoroethane (76-1 1-9) 




52 






t%) l,l,2,2-tetrachloro-l,2- 
difluoroethane (76-12-0) 




52 






fFF) 1 , 1 ,+T2^2-tetrachloroethane 
(79-34-5) 


6.3 x 10-' 








fW> toluene (108-88-3) 




4.7 




56 










e:e+5 


(79) toluenc-2,4-diisocyanatc 
toluene diisocvanate, 2.4- (584-84- 
9) and 2.6- (91-08-7) isomers 


0.0002 


trichloroethvlene (79-01-6) 


5.9 X 10- 








(66^ trichlorofluoromethane 
(75-69-4) 




560 






mi 1,1,2-trichloro- 1,2,2- 

trifluoroethane (76-13-1) 








950 


(82) vinyl chloride (75-01-4) 


3.8 X 10' 








(83) vinylidene chloride 
(75-35-4) 




0.12 






(84) xylene (1330-20-7) 




2.7 




65 


zinc chromate (13530-65-9) 


8.3 X 10" 









Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(3). (4), (5); 143B-282; S.L. 1989, c. 168, s. 45. 



. 1 106 DETERMINATION OF AMBIENT AIR 
CONCENTRATION 

(a) Modeling shall not be used for enforcement. Modeling 
shall be used to determine process operational and air 
pollution control parameters and emission rates for toxic air 
pollutants to place in the air quality permit for that facility 
that will prevent any of the acceptable ambient levels in Rule 
.1104 of this Section from being exceeded, with such 
exceptions as may be allowed under 15 A NCAC 2Q. .0700. 
211 .0610. Enforcing these permit stipulations and conditions 
shall be the mechanism used to ensure that the requirements 
of Rule . 1 104 of this Section, with such exceptions as may be 
allowed by 15 A NCAC 2Q .0700. 211 .0610, are met. 

(b) The owner or operator of the facility may request the 
Division to perform a modeling analysis of the facility or 
provide the analysis himself. If the owner or operator of the 
facility requests the Division to perform the modeling 
analysis, he shall provide emissions rates, stack parameters. 
and other information that the Division needs to do the 
modeling. The data that the owner or operator of the facility 
provides the Division to use in the model or in deriving the 



data used in the model shall be the process, operational and 
air pollution control equipment parameters and emission rates 
that will be contained in the facility's permit. If the 
Division's initial review of the modeling request indicates 
extensive or inappropriate use of state resources or if the 
Division's modeling analysis fails to show compliance with 
the acceptable ambient levels in Rule .1104 of this Section. 
the modeling demonstration becomes the responsibility of the 
owner or operator of the facility. 

fb) tsj The When the owner or operator of the facility 
shaH — be is responsible for providing the modeling 
demonstration and the data used in the model. The modeling, 
the owner or operator of the facility shall use in the model or 
in deriving data used in the model the process operational and 
air pollution control equipment parameters and emission rates 
that will be contained in his permit. Sources that are not 
required to be included in the model will not be included in 
the permit to emit toxic air pollutants. 

(d) For the following pollutants, modeled emission rates 
will be based on the highest emissions occurring in any single 
15 minute period. The resultant modeled 1 -hour 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



658 



PROPOSED RULES 



concentrations are then compared to the applicable 1 -hour 
acceptable ambient levels to determine compliance. These 
pollutants are: 

yj acetaldehyde (75-07-0) 

acetic acid (64-19-7) 

acrolein 



L21 
lii 
(4] 
15) 
16] 

m 

£9} 

(10) 



IQ7-02-8) 

ammonia (7664-41-7) 
bromine (7726-95-6) 
chlorine (7782-50-5) 



formaldehyde (50-00-0) 
hydrogen chloride (7647-01-0) 
hydrogen fluoride (7664-39-3) 
nitric acid (7697-37-2) 
(e) The owner or operator of the facility and the 
Division may use any model allowed by 40 CFR 51.166(1) 
provided that the model is appropriate for the facility being 
modeled. The owner or operator or the Division may use a 
model other than one allowed by 40 CFR 51.166(1) provided 
that the model is equivalent and the use of the model is 
approved by the Director, di r ecto r . Regardless of model 
used, the owner or operator and the Di\ision shall model for 
cavity effects and shall comply with the modeling 
requirements for stack height set out in Rule .0533 of this 
Subchapter. 

t^ iXl Ambient air concentrations are to be evaluated for 
annual periods over a calendar year, for 24-hour periods from 
midnight to midnight, and for one-hour periods beginning on 
the hour, hou r , and fo r 15-minutc pe r iods beginning on the 
hou r o r 15. 30, o r 45 minutes afte r the hou r . 

t&) Igi The owner or operator of the facility shall identify 
each toxic air pollutant emitted and its corresponding 
emission rate using mass balancing analysis, source testing, 
or other methods acceptable to the Director, di r ecto r . 

tf) llD The owner or operator of the facility shall submit a 
modeling plan to the Director di r ecto r and shall have received 
approval of that plan from the Director di r ecto r before 
submitting a modeling demonstration to the Director. 
di r ecto r . The modeling plan shall include: 

(1) a diagram of the plant site, including locations of 
all stacks and associated buildings; 

(2) on-site building dimensions; 

(3) a diagram showing property boundaries, including a 
scale, key and north indicator; 

(4) the location of the site on a United States 
Geological Survey (USGS) map; 

(5) discussion calculation of good engineering stack 
height and building wake effects for each stack; 

(6) discussion of aH — as p ects — ©f — the — p r oject — not 
accounted fo r in a simple — flat te rr ain model, 
including cavity calculations, impact on rolling and 
complex terrain, building wake effects, and 
urban' rural considerations; 

(7) discussion of reasons for model selection; 

(8) discussion of meteorological data to be used; and 

(9) discussion of sources emitting the pollutant that are 
not to be included in the model with an explanation 
of wh\' thev are being excluded (i.e. wh\' the source 



will not affect the modeling analysis): and 
f9) (10) any other pertinent information. 

Authority G.S. 143-2 1 5. 3 (a)(1); 143-215. 107(a)(3). (5); 
143B-282: S.L. 1989, c. 168. s. 45. 

.1109 1120) CASE-BY-CASE MAXEVIUM 

ACfflEVABLE CONTROL TECHNOLOGY 

(a) Applicability. This Rule applies only to sources of 
hazardous air pollutants required to have a permit under 15A 
NCAC 2Q .0500. 

(b) Effective. This Rule shall apply only after it and 15A 
NCAC 2Q .0500 have been approved by the EPA. 

(c) Definitions. For the purposes of this Rule the following 
definitions apply: 



(1) 



(2) 



01 



"Control technology" means measures, processes, 
methods, systems, or techniques to limit the 
emission of hazardous air pollutants including 
measures that: 

(A) reduce the quantity, or eliminate emissions, 
of such pollutants through process changes, 
substitution of materials, or other 
modifications; 

or processes to eliminate 



(B) 


enclose systems 




emissions; 


(C) 


collect, capture 




when released 



or treat such pollutants 
from a process, stack, 
storage, or fugitive emission point; 

(D) are design, equipment, work practice, or 
operational standards (including requirements 
for operator training or certification) as 
provided in 42 USC 7412(h); or 

(E) are a combination of Parts (A) through (D) 
of this definition. 

"Emission point" means any part or activity of a 
facility that emits or has the potential to emit, under 
current operational design, any hazardous air 
pollutants. 

"Emission unit" means any building, structure. 
facility, or installation. This could include an 
emission point or collection of emission points, 
within a major source, which the Director 
determines is tlie appropriate entity for making a 
MACT determination under Section 112 (i) of the 
federal Clean Air Act, i.e.. any of the following: 

(A) an emission point that can be individually 
controlled; 

(B) the smallest grouping of emission points, that 
when collected together can be commonly 
controlled by a single control device or work 
practice; 

(C) any grouping of emission points, that, when 
collected together can be commonly 
controlled by a single control device ot work 
practice; 

(D) a grouping of emission points that are 
functionally related. Equipment is 



659 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



functionally related if the operation or action 
for which the equipment was specifically 
designed could not occur without being 
connected with or without relying on the 
operation of another piece of equipment; 

(E) the entire geographical entity comprising a 

major source in a source category subject to 

a MACT determination under Section 112 {]) 

of the federal Clean Air Act. 

t3) £4} "EPA" means the United States Environmental 

Protection Agency or the Administrator of U.S. 

Environmental Protection Agency. 

(4) (5} "Existing facility" means a facility for which 
construction is commenced before EPA proposed a 
standard, applicable to the facility, under Section 
1 12(d) or (h) of the federal Clean Air Act, or if no 
proposal was published, then on or before the 
Section 112(j) deadline. 

(5) £6} "Existing source" means a source, construction 
or reconstruction of which is commenced before 
EPA proposed a standard, applicable to the source, 
under Section 1 12(d) or (h) of the federal Clean Air 
Act, or if no proposal was published, then on or 
before the Section 112(J) deadline. 

(6) £7) "Hazardous air pollutant" means any pollutant 
listed under Section 1 12(b) of the federal Clean Air 
Act. 

(?) £81 "MACT" means maximum achievable control 

technology. 
tS) £9} "Maximum achievable control technology" 

means: 

(A) for existing sources, 

(i) a MACT standard that EPA has 
proposed or promulgated for a 
particular category of facility or 
source, 
(ii) the average emission limitation 
achieved by the best performing 12 
percent of the existing facilities or 
sources for which EPA has emissions 
information if the particular category 
of source contains 30 or more sources, 
or 
(iii) the average emission limitation 
achieved by the best performing five 
facilities or sources for which EPA 
has emissions information if the 
particular category of source contains 
fewer than 30 sources, or 

(B) for new sources, the maximum degree of 
reduction in emissions that is deemed 
achievable but not less stringent than the 
emission control that is achieved in practice 
by the best controlled similar source. 

i9i £101 "MACT floor" means: 
(A) for existing sources; 



tm- 



011 



mi 



(i) the average emission limitation 

achieved by the best performing 12 

percent of the existing sources in the 

United States (for which EPA has 

emissions information) excluding those 

sources that have, within 18 months 

before the emission standard is 

proposed or within 30 months before 

such standard is promulgated, 

whichever is later, first achieved a 

level of emission rate or emission 

reduction which complies, or would 

comply if the source is not subject to 

such standard, with the lowest 

achievable emission rate (as defined in 

Section 171 of the federal Clean Air 

Act) applicable to the source category 

or subcategory for categories and 

subcategories with 30 or more 

sources, or 

(ii) the average emission limitation 

achieved by the best performing five 

sources in the United States (for which 

EPA has emissions or reasonably 

could obtain emission information) in 

the category or subcategory of sources 

with fewer than 30 sources; 

(B) for new sources, the emission limitation 

achieved in practice by the best controlled 

similar source. 

"Modification" means any p hysical change in, or 

change in the method of o p e r ation of, a facility 

which — inc r eases — the — actual — emissions — of — any 

haza r dous ai r p ollutant emitted by that facility by 

mo r e than a de minimis amount specified in 40 

CER Pa r t 63 o r which r esults in the emissions of 

any haza r dous ai r pollutant not pr eviously emitted 

by that facility by mo r e than a de minimis amount 

s p ecified in 40 CER Pa r t 63. 

"New emission unit" means an emission unit for 

which construction or reconstruction is commenced 

after the section 1 12(j) of the federal Clean Air Act 

deadline, or after proposal of a relevant standard 

under section 112(d) or section 112(h) of the 

federal Clean Air Act £as amended in 1990). 

whichever comes first, except that, as provided by 

40 CFR 63.52(f)(1). an emission unit, at a major 

source, for which construction or reconstruction is 

commenced before the date upon which the area 

source becomes a major source, shall not be 

considered a new emission unit iL after the addition 

of such emission unit, the source is still an area 

source. 

(12) "New facility" means a facility for which 
construction is commenced after the Section 112(j) 
deadline, or after proposal of a relevant standard 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



660 



PROPOSED RULES 



under Section 1 12(d) or (h) of the federal Clean Air 
Act, whichever comes first, 
tf^ (13) "New source" means a source for which 
construction or reconstruction is commenced after 
the Section 112(j) deadline, or after proposal of a 
relevant standard under Section 112(d) or (h) of the 
federal Clean Air Act, whichever comes first. 
f4^ (14) "Section 112(j) deadline" means the date 
occurring 18 months after the scheduled 
promulgation date of a relevant standard under 
Section 112(e)(1) and (3) of the federal Clean Air 
Act. The applicable date for categories of sources is 
contained m the source category schedule for 
standards. 
t+H ( 15) "Similar source" means a source that has 
comparable emissions and is structurally similar in 
design and capacity to other sources such that the 
source could be controlled using the same control 
technology. 
(+5) (16) "United States" means the United States, their 

possessions and territories, 
(d) Missed promulgation dates: 112(j). If EPA fails to 
promulgate a standard for a categon,' of source under Section 
112 of the federal Clean Air Act by the date established 
pursuant to Sections 112(e)(1) or (3) of the federal Clean Air 
Act, the owner or operator of any source in such category' 
shall submit, within 18 months after such date, a permit 
application, in accordance with the procedures in 15A NCAC 
2Q .0526, to the Director to apply MACT to such sources. 
Sources subject to this Paragraph shall be in compliance with 
this Rule within three years from the date that the permit is 
issued. 

(c> Modifications of existing facilities : 112(g). The owne r 
o r o p e r ato r of an existing facilit\ ' shall a pp ly MACT to all 
sou r ces in that facility that a r e modified o r involved in a 
modification. MACT fo r new sou r ces shall be a p plied to 
sou r ces — at — an — existing — facility — that — are — constructed — or 
r ccongtructcd. 

tft ie] New facilities. The owner or operator of any new 
facility shall apply MACT to the new facility before 
begirming construction and operation. 



;as e d 



t?l racilitics subject to MACT because of inc r ea 

emissions. If a facility becomes subject to the r equi r ements of 
15 A NCAC 2Q .0500 because of inc r eased emissions of 
haza r dous ai r p ollutants, the owne r o r ope r ato r of the facility 
shall submit a pe r mit application in acco r dance with 15A 
NCAC 2Q .0526 : 

t+) If an existing facility becomes a major facility 

subject to the r equi r ements of 15A NCAC 2Q 
.0500 by the addition of a sou r ce o r as a r esult of 
r econstructing, that added sou r ce o r r econstructed 
source shall com p ly with all r equi r ements of this 
Rule that affect new sou r ces and shall comply with 
new sou r ce MACT r equirements befo r e beginning 
o p e r ation. 

f?^ If a facility, that is constructed afte r the ap p licable 

MACT r equi r ements have been t r igge r ed unde r 



Pa r ag r a p h (d) of this Rule, becomes subject to th e 

r equi r ements of 15A NCAC 2Q .0500 because of a 

r elaxation of a fede r ally enfo r ceable emission limit 

on the ca p acity of a sou r ce to emit a hazardous air 

p ollutant, then that sou r ce shall com p ly with new 

sou r ce MACT r equi r ements befo r e the date of the 

limit's r elaxation. 

tfr) ili Case-by-case MACT determination. The owner or 

operator of the source shall determine MACT according to 40 

CFR 63.55(a). 

ttt (^ Monitoring and recordkeeping. The owner or 
operator of a source subject to this Rule shall install, operate, 
and maintain monitoring capable of detecting deviations from 
each applicable emission limitation or other standards with 
sufficient reliability and timeliness to determine continuous 
compliance over the applicable reporting period. Such 
monitoring data may be used as a basis for enforcing 
emissions limitations established under this Rule. 

Authority G.S. 143-215. 3(a)(1): 143-215. 107(a)(5). (10). 

.1112 112(g) CASE BY CASE MAXIMUM 

ACHIEVABLE CONTROL TECHNOLOGY 

(a) Applicability. This Rule applies to the construction or 
reconstruction of major sources of hazardous air pollutants 
unless: 

(1) the major source has been specifically regulated or 
exempted from regulation under: 

(A) Rule . 1109 or . 1 1 1 1 of this Section, or 

(B) a standard issued pursuant to Section 112(d), 
112(h). or 112(j) of the federal Clean Air 
Act and incorporated in another subpart of 
40 CFR Part 63, or 

(2) the owner or operator of such major source has 
received aU necessary air quality permits for such 
construction or reconstruction project before July J^ 
1998. 

(b) E.xclusions. The requirements of this Rule shall not 
apply to: 

(1) electric utility steam generating imits unless and 
until such time as these units are added to the 
source category' list pursuant to Section 112(c)(5) of 
the federal Clean Air Act. 

(2) stationary' sources that are within a source category 
that has been deleted from the source category list 
pursuant to Section 112(c)(9) of the federal Clean 
Air Act. 

(3) research and development activities. 

(c) Defmitions. For the purposes of this Rule, the following 
definitions apply: 

(1) "Affected source" means the stationary source or 
group of stationary sources that, when fabricated 
(on site), erected, or installed meets the definition 
of "construct a major source" or the definition of 
"reconstruct a major source" contained in this 
Paragraph. 

(2) ".Affected States" means all States or local air 



661 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



£3} 



(41 



m 

£Ci 

(D) data and 



pollution agencies whose areas of jurisdiction are: 

(A) contiguous to North Carolina and located less 
than D = 0/12.5 from the facility, where: 

£ij O = emissions of the pollutant emitted 

at the highest permitted rate in tons 

per year, and 
(ii) D ^ distance from the faciliry to the 

contiguous state or local air pollution 

control agency in miles. 

(B) within 50 miles of the permitted facility. 
"Available information" means, for purposes of 
identifying control technology options for the 
affected source, information contained in the 
following information sources as of the date of 
approval of the MACT determination by the 
Division: 

(A) a relevant proposed regulation, including all 
supporting information: 
background information documents for a 
draft or proposed regulation: 
data and information available from the 
Control Technology Center developed 
pursuant to Section 113 of the federal Clean 
Air Act: 

data and information contained in the 
Aerometric Informational Retrieval System 
including information in the MACT data 
base: 

(E) any additional information that can be 
expeditiously provided by tlie Division and 
EPA: and 

(F) for thie purpose of determinations by the 
Division. any additional information 
provided by the applicant or others, and any 
additional information considered available 
by the Division. 

"Construct a major source" means: 

(A) To fabricate, erect, or install at any 
greenfield site a stationary source or group 
of stationary sources which is located within 
a contiguous area and under common control 
and which emits or has tlie potential to emit 
10 tons per year of any HAP's or 25 tons per 
year of any combination of HAP, or 

(B) To fabricate, erect, or install at any 
developed site a new process or production 
unit which in and of itself emits or lias the 
potential to emit 10 tons per year of any 
HAP OT 25 tons per year of any combination 
of HAP, unless the process or production 
unit satisfies Subparts ii) through (vi) of this 
Paragraph: 

lii All HAP emitted by the process or 
production unit that would otherwise 
be controlled under the requirements 
of this Rule will be controlled by 



liii Ihe. 



(iv) 



lYl 



emission control equipment which was 

previously installed at the same site as 

the process or production unit: 

The Division: 

(I) has determined within a period 

of five years prior to the 

fabrication. erection. or 

installation of the process or 

production unit that the existing 

emission control equipment 

represented best available 

control technology (BACT) 

under Rule .0530 of this 

Subchapter or lowest achievable 

emission rate (LAER) under 

Rule .0531 of this Subchapter 

for the category of pollutants 

which includes those HAP's to 

be emitted by the process or 

production unit: or 

(II) determines that the control of 

HAP emissions provided by the 

existing equipment will be 

equivalent to that level of 

control currently achieved by 

other well-controlled similar 

sources (i.e.. equivalent to the 

level of control that would be 

provided by a current BACT. 

LAER. or MACT determination 

under Rule .1109 of this 

Section): 

(iii) The Division determines that the 

percent control efficiency for 

emissions of HAP from al] sources to 

be controlled by the existing control 

equipment will be equivalent to the 

percent control efficiency provided by 

the control equipment prior to the 

inclusion of the new process or 

production unit: 

The Division has provided notice and 
an opportunity for public comment 
concerning its determination that 
criteria in Subparts (i). (ii). and (iii) of 
this Subparagraph apply and 
concerning the continued adequacy of 
any prior LAER. BACT. or MACT 
determination under Rule .1109 of this 
Section: 

If any commenter has asserted that a 
prior LAER. BACT. oi MACT 
determination under Rule .1109 of this 
Section determination is no longer 
adequate, the Division has determined 
that the level of control required by 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



662 



PROPOSED RULES 



that prior determination remains 
adequate: and 
(vi) Any emission limitations. work 
practice requirements, or other terms 
and conditions upon which the above 
determinations by the Division are 
predicated will be construed by the 
Division as applicable requirements 
under Section 504(a) of the federal 
Clean Air Act and either have been 
incorporated into an existing permit 
issued under 15A NCAC 20 .0500 for 
the affected facility or will be 
incorporated into such permit upon 
issuance. 

(5) "Control technology" means measures, processes, 
methods, systems, or techniques to limit the 
emission of hazardous air pollutants including 
measures that: 

(A) reduce the quantity of. or eliminate 
emissions of. such pollutants through process 
changes, substitution of materials or other 
modifications: 

(B) enclose systems or processes to eliminate 
emissions: 

(C) collect, capture or treat such pollutants when 
released from a process, stack, storage or 
fugitive emissions point: 

(D) are design, equipment, work practice, or 
operational standards (including requirements 
for operator training or certification) as 
provided in 42 U.S.C. 7412(h): or 

(E) are a combination of Parts (A)-(D) of this 
definition. 

(6) "Electric utility steam generating unit" means any 
fossil fuel fired combustion unit of more than 25 
megawatts that serves a generator that produces 
electricity for sale. A unit that co-generates steam 
and electricity and supplies more than one-third of 
its potential electric output capacity and more than 
25 megawatts electric output to any utility power 
distribution system for sale shall be considered an 
electric utility steam generating unit. 

(7) "Greenfield site" means a contiguous area under 
common control that is an undeveloped site. 

(8) "HAP" means hazardous air pollutants. 

(9) "Hazardous air pollutant" means any pollutant listed 
under Section 1 12 {b] of the federal Clean Air Act. 

(10) "List of source categories" means the source 
category list required by Section 1 12(c) of the 
federal Clean Air Act. 

(11) "MACT" means maximum achievable control 
technology. 

(12) "Maximum achievable control technology emission 
limitation for new sources" means the emission 
limitation which is not less stringent than the 
emission limitation achieved in practice by the best 



controlled similar source, and which reflects the 
maximum degree of reduction in emissions that the 
permitting authority, taking into consideration the 
cost of achieving such emission reduction, and any 
non-air qualitv health and environmental impacts 
and energy requirements, determines is achievable 
by the constructed or reconstructed major source. 

(13) "Process or production unit" means any collection 
of structures or equipment, that processes, 
assembles, applies, or otherwise uses material 
inputs to produce or store an intermediate or final 
product. A single facility may contain more than 
one process or production unit. 

(14) "Reconstruct a major source" means the 
replacement of components at an existing process 
or production unit that in and of itself emits or has 
the potential to emit 10 tons per year of any HAP 
or 25 tons per year of any combination of HAP, 
whenever: 

(A) The fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost 
that would be required to construct a 
comparable process or production unit: and 

(B) It is technically and economically feasible for 
the reconstructed major source to meet the 
applicable maximum achievable control 
technology emission limitation for new 
sources established under this Subpart. 

(15) "Research and development activities" means 
activities conducted at a research or laboratory 
facility whose primary purpose is to conduct 
research and development into new processes and 
products, where such source is operated under the 
close supervision of technically trained personnel 
and is not engaged in the manufacture of products 
for sale or exchange for commercial profit, except 
'made minimis manner. 

(16) "Similar source" means a stationary source or 
process that has comparable emissions and is 
structurally similar in design and capacity to a 
constructed or reconstructed major source such that 
the source could be controlled using the same 
control technology. 

(d) Principles of MACT determinations. The following 
general principles shall be used to make a case-by-case 
MACT determination concerning construction or 
reconstruction of a major source under this Rule: 

(1) The MACT emission limitation or MACT 
requirements recommended by the applicant and 
approved by the Division shall not be less stringent 
than the emission control that is achieved in 
practice by tJie best controlled similar source, as 
determined by the Division. 

(2) Based upon available information, the MACT 
emission limitation and control technology 
(including any requirements under Subparagraph 
(3) of this Paragraph) recommended by the 



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applicant and approved by the Division shall 
achieve the maximum degree of reduction in 
emissions of HAP that can be achieved by utilizing 
those control technologies that can be identified 
from the available information, taking into 
consideration the costs of achieving such emission 
reduction and any non-air quality health and 
environmental impacts and energy requirements 
associated with the emission reduction. 

(3) The owner or operator may recommend a specific 
design, equipment, work practice, or operational 
standard, or a combination thereof, and the 
Director may approve such a standard if the 
Division specifically determines that it is not 
feasible to prescribe or enforce an emission 
limitation under the criteria set forth in Section 
1 r2(h)(2) of the federal Clean Air Act. 

(4) If the EPA has either proposed a relevant emission 
standard pursuant to Section 1 12(d) or 1 12(h) of the 
federal Clean Air Act or adopted a presumptive 
MACT determination for the source category that 
includes the constructed or reconstructed major 
source, then the MACT requirements applied to the 
constructed or reconstructed major source shall 
have considered those MACT einission limitations 
and requirements of tlie proposed standard or 
presumptive MACT determination. 

(e) Effective date of MACT determination. The effective 
date of a MACT determination shall be the date of issuance 
of a permit under procedures of 15A NCAC 20 .0300 or 
.0500 incorporating a MACT determination. 

(f) Compliance date. On and after the date of start-up. a 
constructed or reconstructed major source that is subject to 
the requirements of this Rule shall be in compliance with all 
applicable requirements specified in the MACT 
determination. 

(g) Compliance with MACT determinations. The owner 
or operator of a constructed or reconstructed major source 
that: 

(1) is subject to a MACT determination shall comply 
with all requirements set forth in the permit issued 
under 15A NCAC 2Q .0300 or .0500. includin g 
any MACT emission limitation or MACT work 
practice standard, and any notification, operation 
and maintenance, performance testing, monitoring, 
reporting, and recordkeeping requirements. 

(2) has obtained a MACT determination shall be 
deemed to be in compliance with Section 
112(g)(2)(B) of the federal Clean Air Act only to 
the extent that the constructed or reconstructed 
major source is in compliance with all requirements 
set forth in the permit issued under 15A NCAC 20 
.0300 or .0500. Any violation of such 
requirements by the owner of operator shall bg 
deemed by the Division and by EPA to be a 
violation of tlie prohibition on construction or 



reconstruction in Section 1 12(g)(2)(B) of the federal 

Clean Air Act for whatever period the owner or 

operator is determined to be in violation of such 

requirements, and shall subject the owner or 

operator to appropriate enforcement action under 

the General Statutes and the federal Clean Air Act. 

(h) Requirements for constructed or reconstructed major 

sources subject to a subsequentlv promulgated MACT 

standard or MACT requirement. If EPA promulgates an 

emission standard under Section 112(d) or 112(h) of the 

federal Clean Air Act or the Division issues a determination 

under Rule .1109 of tJiis Section that is applicable to a 

stationary source or group of sources that would be deemed to 

be a constructed or reconstructed major source under this 

Rule: 

(1) before the date that the owner or operator has 
obtained a final and legally effective MACT 
determination under 15A NCAC 2Q .0300 or 
.0500. the owner or operator of tlie source(s) shall 
comply with the promulgated standard or 
determination rather than any MACT determination 
under this Rule by the compliance date in the 
promulgated standard. 

(2) after the source has been subject to a prior case-by- 
case MACT under this Rule, and the owner or 
operator obtained a final and legally effective case- 
by-case MACT determination prior to the 
promulgation date of such emission standard, the 
Division shall [if the initial permit has not yet been 
issued under 15A NCAC 20 .0500) issue an initial 
permit that incorporates the emission standard or 
determination, or shall £if tlie initial permit has 
been issued under 15A NCAC 20 .0500) revise the 
permit according to tlie reopening procedures in 
15A NCAC 2Q .0517. Reopening for Cause, 
whichever is relevant, to incorporate the emission 
standard or determination. 

£il Compliance with subsequent 112 (d). 112(h). or 112 (jj 
standards. EPA may include in the emission standard 
established under Section 112(d) or 112(h) of tlie federal 
Clean Air Act a specific compliance date for those sources 
that have obtained a final and legally effective MACT 
determination under this Rule and that have submitted the 
information required by 40 CFR 63.43 to EPA before the 
close of the public comment period for the standard 
established under section 1 12(d) of the federal Clean Air Act. 
Such date shall assure that the owner or operator shall comply 
with the promulgated standard as expeditiously as practicable, 
but not longer than eight years after such standard is 
promulgated. In that event, the Division shall incorporate the 
applicable compliance date in tlie permit issued under 15A 
NCAC 20 .0500. If QQ compliance date has been established 
in the promulgated 1 12(d) or 112(h) standard or determination 
under Rule .1109 of tJiis Section, for those sources that have 
obtained a final and legally effective MACT determination 
under this Rule, then the Director shall establish a compliance 



12:8 



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664 



PROPOSED RULES 



date in the permit that assures that the owner or operator shall 
comply with the promulgated standard or determination as 
expeditiously as practicable, but not longer than eight years 
after such standard is promulgated or a determination is made 
under Rule . 1 109 of this Section. 

ijj Revision of permit to incorporate less stringent control. 
Notwithstanding the requirements of Paragraph (h) of this 
Rule, if the Administrator of EPA promulgates an emission 
standard under Section 1 12(d) or Section ll-(h) of the federal 
Clean Air Act or the Division issues a determination under 
Rule .1109 of this Section that is applicable to a stationary 
source or group of sources that was deemed to be a 
constructed or reconstructed major source under this Rule and 
that is tlie subject of a prior case-bv-case MACT 
determination pursuant to 40 CFR 63.43. and the level of 
control required by the emission standard issued under 
Section 1 12(d) or 1 12(h> or the determination issued under 
Rule . 1 109 of this Section is less stringent than the level of 
control required b^: anv emission limitation or standard in the 
prior MACT determination, the Division js not required to 
incorporate an> less stringent terms of (lie promulgated 
standard in the permit issued under 15A N'CAC 20 .0500 
applicable to such source(s) and may consider any more 
stringent provisions of the prior MACT determination to be 
applicable legal requirements when issuing or revising such 
an operating permit. 

Authorm- G.S. 143-21 5. 3(aj(l): 143-215. 107(a)(5), (10). 

SECTION .1200 - CONTROL OF EMISSIONS FROM 
INCEVERATORS 

.1201 PURPOSE AND SCOPE 

(a) This Section sets forth rules for the control of the 
emissions of air pollutants from incinerators. 

(b) The rules in this Section apply to all types of 
incinerators as defined by 15A NCAC 2D .0101(19), 
including incinerators with heat recovery and industrial 
incinerators. The rules in this Section do not apply to 
afterburners, flares, fume incinerators, and other similar 
devices used to reduce the emissions of air pollutants from 
processes, whose emissions shall be regulated as process 
emissions. 

(c) This Section does not apply to any boilers or industrial 
furnaces that burn waste as a fuel. 

(d) This Section does not apply to air curtain burners, 
which shall comply with Section .1900 of this Subchapter. 

(e) This Section does not apply to incinerators used to 
dispose of dead animals or poultry that meet the following 
requirements: 

(1) The incinerator is located on a farm and is owned 
and operated by the farm owner or by the farm 
operator; 

(2) The incinerator is used solely to dispose of animals 
or poultry originating on the farm where the 
incinerator is located; 

(3) The incinerator is not charged at a rate that e.xceeds 



its design capacity; and 
(4) The incinerator complies with Rule .0521 (visible 
emissions) and .0522 (odorous emissions) of this 
Subchapter. 

(f) If the incinerator is used solely to cremate pets or if the 
emissions of all toxic air pollutants from an incinerator and 
associated waste handling and storage are less than the levels 
listed in I5A NCAC 211 .0 6 10(h), 2Q .0711. the incinerator 
shall be exempt from Rules .1205(f) through (p), and .1206 
of this Section. Sewage sludge incinerators, sludge 
incinerators and municipal waste combustors at small and 
large municipal waste combustor plants are not eligible for 
exemption under this Paragraph. 

(g) If an incinerator can be defined as being more than one 
type of incinerator, then the following order shall be used to 
determine the standards and requirements to apply; hazardous 
waste incinerators, sewage sludge incinerators, sludge 
incinerators, municipal waste combustor at a large or small 
municipal waste combustor plant, medical waste incinerators, 
crematory incinerators, and other incinerators. 

Authorin- G.S. 143-215. 3(a)(1); 143-215. 107(a)(1), (3), (4), 

(5). 

.1205 EMISSION STANDARDS 

(a) The emission standards in this Rule apply to all 
incinerators except where Rule .0524, .1110, or .1111 of this 
Subchapter applies except that Subparagraphs(p)(2) and (4) of 
this Rule shall control in any event. 

(b) Particulate matter. 

( 1 ) Hazardous waste incinerators shall meet the 
particulate matter requirements of 40 CFR 
264.343(c). 

(2) The emissions of particulate matter from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall not exceed 
70 milligrams per dry standard cubic meter, 
corrected to seven percent oxygen. 

(3) The emissions of particulate matter from each 
municipal waste combustor located at a large 
municipal waste combustor plant shall not exceed 
27 milligrams per dry standard cubic meter 
corrected to seven percent oxygen. 

(4) Conical incinerators covered by Rule .0523 of this 
Subchapter shall comply with that Rule instead of 
this Paragraph. 

(5) Any incinerators not covered under Subparagraphs 
(1), (2), (3), or (4) of this Paragraph shall comply 
with one of the following emission standards for 
particulate matter; 

(A) The emission of particulate matter from any 
stack or chimney of an incinerator shall not 
exceed: 



Refuse Charge 
In Lb/Hour 



Allowable Emission Rate 
For Particulate Matter 
In Lb/Hour 



665 



NORTH CAROLINA REGISTER 



October 15, 1997 



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PROPOSED RULES 






Oto 100 

200 

500 

1,000 

2,000 and Above 



0.2 
0.4 
1.0 
2.0 
4.0 



For a refuse charge between any two 
consecutive rates stated in the preceding 
table, the allowable emissions rate for 
particulate matter shall be calculated by the 
equation E=0.002P. E = allowable emission 
rate for particulate matter in lb/hour. 
P = refuse charge in lb/hour. 
(B) Instead of meeting the standards in Part 
(b)(5)(A) of this Rule, the owner or operator 
of an incinerator may choose to limit 
particulate emissions from the incinerator to 
0.08 grains per dry standard cubic foot 
corrected to 12 percent carbon dioxide. In 
order to choose this option, the owner or 
operator of the incinerator shall demonstrate 
that the particulate ambient air quality 
standards will not be violated. To correct to 
12 percent carbon dioxide, the measured 
concentration of particulate matter is 
multiplied by 12 and divided by the 
measured percent carbon dioxide. 

(c) Sulfur dioxide. 

(1) The emissions of sulfur dioxide from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall be reduced 
by at least 50 percent by weight or volume or to no 
more than 80 parts per million by volume corrected 
to seven percent oxygen (dry basis), whichever is 
less stringent. Compliance with this emission limit 
is based on a 24-hour daily geometric mean. 

(2) The emissions of sulfur dioxide from each 
municipal waste combustor located at a large 
municipal waste combustor plant shall be reduced 
by at least 75 percent by weight or volume or to no 
more than 31 parts per million by volume corrected 
to seven percent oxygen (dry basis), whichever is 
less stringent. Compliance with this emission limit 
is based on a 24-hour daily geometric mean. 

(3) Any incinerator not covered under Subparagraphs 
(1) and (2) of this Paragraph shall comply with 
Rule .0516 of this Subchapter. 

(d) Visible emissions. 

(1) The emission limit of opacity from each municipal 
waste combustor located at a small or large 
municipal waste combustor plant shall not exceed 
10 percent (6-minute average). 

(2) Air curtain incinerators shall comply with Rule 
. 1904 of this Subchapter. 

(3) Any incinerator not covered under Paragraphs (1) 
and (2) of this Paragraph shall comply with Rule 



.0521 of this Subchapter, 
(e) Odorous emissions. Incinerators shall comply with 
Rule .0522 of this Subchapter. 
(0 Hydrogen chloride. 

(1) The emissions of hydrogen chloride from each 
municipal waste combustor at small municipal 
waste combustor plants shall be reduced by at least 
50 percent by weight or volume or to no more than 
250 parts per million by volume corrected to seven 
percent oxygen (dry basis), whichever is less 
stringent. 

(2) The emissions of hydrogen chloride from each 
municipal waste combustor at large municipal waste 
combustor plants shall be reduced by at least 95 
percent by weight or volume or to no more than 31 
parts per million by volume, corrected to seven 
percent oxygen (dry basis), whichever is less 
stringent. 

(3) Hazardous waste incinerators shall meet the 
hydrogen chloride emissions requirements of 40 
CFR 264.343(b). 

(4) Emissions of hydrogen chloride from all other 
incinerators shall not exceed four pounds per hour 
unless it is reduced by at least 90 percent by weight 
or to no more than 50 parts per million by volume 
corrected to seven percent oxygen (dry basis). 

(g) Mercury emissions. 

(1) Emissions of mercury from each municipal waste 
combustor at a small or large municipal waste 
combustor plant shall be reduced by at least 85 
percent by weight or shall not exceed 0.08 
milligrams per dry standard cubic meter, corrected 
to seven percent oxygen, whichever is less 
stringent. 

(2) Emissions of mercury from sludge incinerators and 
sewage sludge incinerators are regulated under 15A 
NCAC 2D .1110. 

(3) Emissions of mercury and mercury compounds 
from the stack or chimney of a hazardous waste 
incinerator, medical waste incinerator, or any other 
type incinerator shall not exceed 0.032 pounds per 
hour. 

(h) Beryllium Emissions. Beryllium emissions from 
sludge incinerators and sewage sludge incinerators shall 
comply with 15A NCAC .1110 of this Subchapter. 

(i) Lead Emissions. 

(1) Emissions of lead from each municipal waste 
combustor at a small municipal waste combustor 
plant shall not exceed 1.6 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 

(2) Emissions of lead from each municipal waste 
combustor at a large municipal waste combustor 
plant shall not exceed 0.49 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 



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666 



PROPOSED RULES 



(3) The daily concentration of lead in sewage sludge 
fed to a sewage sludge incinerator shall meet the 
requirements specified in 40 CFR 503.43(c). 
(j) Cadmium Emissions. 

(1) Emissions of cadmium from each municipal waste 
combustor at a small municipal waste combustor 
plant shall not e.xceed 0.10 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 

(2) Emissions of cadmium from each municipal waste 
combustor at a large municipal waste combustor 
plant shall not exceed 0.040 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 

(k) Other Metal Emissions. The daily concentration of 
arsenic, cadmium, chromium, and nickel m sewage sludge 
fed to a sewage sludge incinerator shall meet the requirements 
specified in 40 CFR 503.43(d). 

(1) The owner or operator of an incinerator shall 
demonstrate compliance with Section .11(X) of this Subchapter 
in accordance with 15 A NCAC 211 .0610. 2Q .0700. 

(m) Dioxins and Furans. 

( 1 ) The emissions of dioxins and furans from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall not exceed 
125 nanograms per dry standard cubic meter (total 
mass) corrected to se\en percent oxygen. 

(2) The emissions of dioxins and furans from each 
municipal waste combustor located at a large 
municipal waste combustor plant shall not exceed: 

(A) 60 nanograms per dvy standard cubic meter 
(total mass) corrected to se\en percent 
oxygen for facilities that employ an 
electrostatic precipitator-based emission 
control system, or 

(B) 30 nanograms per dry standard cubic meter 
(total mass) corrected to seven percent 
oxygen for facilities that do not employ an 
electrostatic precipitator-based emission 
control system. 

(n) Nitrogen oxide. The emissions of nitrogen oxide from 

each municipal waste combustor located at a large municipal 

waste combustor plant shall not exceed the emission limits in 

Table 1 of Paragraph (d) of 40 CFR 60.33b. Nitrogen oxide 

emissions averaging is allowed as specified m Paragraphs 

(d)(l)(i) through (d)(l)(v) of 40 CFR 60.33b. Nitrogen oxide 

emissions control is not required for municipal waste 

combustors located at small municipal waste combustor 

plants. 

(oj Fugitive ash. 

(Ij On or after the date on which the initial 

performance test is completed, no owner or 

operator of a municipal waste combustor located at 

a small or large municipal waste combustor plant 

shall cause to be discharged to the atmosphere 

visible emissions of combustion ash from an ash 

con\evin2 svsiem (includina convevor transfer 



2.3x10' 
4.1x10-* 
5.5x10* 
8.3x10* 



points) in excess of five percent of the observation 
period (i.e., nine minutes per three-hour f)eriod), as 
determined by EPA Reference Method 22 
observations as specified in 40 CFR 60.58b(k), 
except as provided in Subparagraphs (2) and (3) of 
this Paragraph. 

(2) The emission limit specified in Subparagraph (1) of 
this Paragraph covers visible emissions discharged 
to the atmosphere from buildings or enclosures, not 
the visible emissions discharged inside of the 
buildings or enclosures, of ash conveying systems. 

(3) The provisions specified in Subparagraph (1) of this 
Paragraph do not apply during maintenance and 
repair of ash conveying systems. 

(p) Ambient standards. 

(1) In addition to the ambient air quality standards in 
Section .0400 of this Subchapter, the following 
ambient air quality standards, which are an annual 
average, in milligrams per cubic meter at 77° F 
(25° C) and 29.92 inches (760 mm) of mercury 
pressure shall apply aggregately to all incinerators 
at a facility: 

(A) arsenic and compounds 

(B) beryllium and compounds 

(C) cadmium and compoimds 

(D) chromium(VI) and compounds 

(2) When Subparagraph (1) of this Paragraph and 
either Rule .0524, .1110, or .1111 of this 
Subchapter regulate the same pollutant, the more 
restrictive provision for each pollutant shall apply, 
notwithstanding provisions of Rule .0524, .1110, or 
.1111 of this Subchapter to the contrary. 

(3) The owner or operator of a facility with 
incinerators shall demonstrate compliance with the 
ambient standards in Parts (1)(A) through (D) of 
this Paragraph by following the procedures set out 
in Rule . 1 106 of this Subchapter. Modeling 
demonstrations shall comply with the requirements 
of Rule .0533 of this Subchapter. 

(4) The emission rates computed or used under 
Subparagraph (3) of this Paragraph that 
demonstrate compliance with the ambient standards 
under Subparagraph (1) of this Paragraph shall be 
placed in the permit for the facility with 
incinerators as their allowable emission limits 
unless Rule .0524, .1110 or .1111 of this 
Subchapter requires more restrictive rates. 

Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(3). (4), (5). 

SUBCHAPTER 2H - PROCEDURES FOR PERMITS: 
APPROVALS 

SECTION .0600 - AIR QUALITY PERMITS 

.0610 PERMIT REQUIREMENTS FOR TOXIC AIR 
POLLUTANTS 



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PROPOSED RULES 



fa) — DcFinitions. — Fo r the pui -p oscs of this Rule, the 
following definitions a pp ly : 

fi^ "Actual emissions" means the ave r age r ate at which 

the sou r ce actually emitted the p ollutant du r ing a 
two-yea r p e r iod that pr eceded the date of the 
a pp lication — for — the — modification — and — that — is 
r e pr esentative of no r mal o p e r ation of the sou r ce. 

fS) "C r editable — emissions" — means — actual — dec r eased 

emissions that have not been p r eviously r elied on to 

com p ly with 15A NCAC 2D. All c r editable 

emissions shall be enforceable by pe r mit condition. 

f3) "Evaluation" means a dete r mination of ambient ai r 

concent r ations as desc r ibed unde r 15A NCAC 2D 
.1106 and shall include emissions f r om sou r ces 
exem p ted by Pa r ag r a p h (g) of this Rule. 

(4) "Existing facility" — means any facility that was 

p e r mitted to construct o r was in o p eration befo r e 
Octobe r 1, 1 99 3. 



(5^ 



^^ 



4nef 



:me r ato r " — means — any — device — subject — to 
requirements of 15A NCAC 2D .1200. 

(6) "MACT" means any maximum achievable cont r ol 

technology emission standa r d a p plied to a sou r ce o r 
facility pu r suant to Title III of the 1 99 fede r al 
Clean Ai r Act Amendments. 



"Maximum feasible cont r ol" means the maximum 
deg r ee of r eduction fo r each p ollutant subject to 
r egulation in this Rule using the best technology 
that is available taking into account, on a casc-by- 
case basis, ene r gy, envi r onmental, and economic 
im p acts and othe r costs. 

f§) "Modification" — means — any — p hysical — change — or 

change that r esults in a net inc r ease in emissions o r 
ambient concent r ation of any p ollutant listed in 
Pa r ag r a p h (h) of this Rule o r which r esults in the 
emission of any p ollutant listed in Pa r ag r a p h (h) of 
this Rule not pr eviously emitted. 

(9) "Net inc r ease in emissions" means the amount by 

which the sum of the following exceeds ze r o : 
(A) — any inc r ease in emissions f r om a p a r ticula r 
p hysical change o r change in the method of 
ope r ation at the facility: and 

(fi) any — othe r — inc r eases — and — dec r eases — in 

emissions at the facility within five yea r s 
immediately p r eceding the filing of an air 
p e r mit a p plication fo r the modification that 
are othe r wise c r editable emissions. 

(W) "Unadulte r ated wood" means wood that is not 

p ainted. — va r nished. — stained. — oiled. — waxed. — or 

othe r wise coated o r t r eated with any chemical. 

Plywood, p article boa r d, and r esinated wood a r e 

not unadulte r ated wood. 

(b) A pp licability. Except as p rovided in Pa r ag r a p h (g) o r 

(h) of this Rule, no p e r son shall cause o r allow any toxic ai r 

p ollutant named in 15A NCAC 2D .1104 to be emitted into 

the atmos p he r e from any sou r ce without having r eceived a 

p ermit — from — the — Commission — in — acco r dance — with — the 



following : 

i^ Ncrr- 



Facilitics. Any — facility — that — begins 

construction afte r Septembe r 30. 1 99 3. and that : 

(tA) is r equi r ed to have a pe r mit because of 

a p plicability of Sections in Subchapte r 2D of 
this Cha p te r othe r than Section .1100 of this 
Subchapte r . — except — for — facilities — whos e 
emissions of toxic ai r p ollutants r esult only 
f r om combusting unadulte r ated fossil fuels o r 
unadulte r ated wood and associated sto r age of 
such fuels ; o r 

ffi) has a standa r d indust r ial classification (SIC) 

code that has pr eviously been called under 
Sub p a r ag r a p h (b)(3) of this Rule; 
shall comply with Section . 1 100 of this Subchapte r 
befo r e beginning const r uction o r o p e r ation, shall 
have r eceived a p e r mit to emit toxic ai r pollutants 
befo r e beginning const r uction and shall comply 
with such p ermit when beginning o p e r ation. 

(2) Facilities with Incine r ato r s. The owne r o r ope r ato r 

of any incine r ato r subject to 15A NCAC 2D .12(J0 
which — began construction — o r was — m — ope r ation 
befo r e Octobe r 1. 1 99 1. shall a pp ly fo r a p e r mit or 
a p e r mit modification to emit toxic ai r pollutants 
f r om the incine r ato r , including associated waste 
handling — and — sto r age. — in — acco r dance — with — the 
com p liance schedules contained in 15A NCAC 2D 
■ 120 9 . — The owne r o r ope r ato r of the incinerato r 
shall a pp ly fo r a p ermit o r a pe r mit modification to 
emit toxic ai r p ollutants f r om all othe r sou r ces at 
that — facility — in — acco r dance — with — Sub p a r ag r aphs 
(b)(3) th r ough ( 6 ) of this Rule. 

(3) SIC Calls fo r Existing Facilities. — The owne r o r 

o p e r ato r of an existing facility shall have 180 days 
to ap p ly fo r a p e r mit o r pe r mit modification fo r the 
emissions of toxic ai r p ollutants afte r r eceiving 

written — notification — from — the — Di r ector. Such 

facilities shall com p ly with 15A NCAC 2D .1100 



as follows : 



-Witt 



(tA) If it is not known that the sou r ce is. o r 

hv, — subject to a MACT at the time of 
notification, the sou r ce shall com p ly : 
ti) — within th r ee yea r s f r om the date that 
the pe r mit is issued if the sou r ce does 
not emit any toxic ai r p ollutant in 
common with any sou r ce at the facility 
subject to MACT, o r 
-in — acco r dance — witii — Subpa r ag r a p h 
(b)(4) of this Rule if the sou r ce emits 
a toxic ai r pollutant in common with 
any sou r ce at the facility subject to 
MACT. 



irfT 



ffi) If it i s known that the 

subject 



-to- 



sou r ce is, o r will be. 
MACT — at — the — time — of 



notification, — the — sou r ce — shatt — com p ly — in 
acco r dance with Subpa r ag r a p h (b)(4) of this 



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668 



PROPOSED RULES 



fttrfer 
The Di r ecto r shall noti(\ ' facililics subjcci to this 
Sub p arag r a p h by calling fo r permit ap p lications on 
the basis of standard indust r ial classifications, that 
is. he shall call at one time for p ermits for all 
facilities statewide that have the same fou r -digit 
standa r d indust r ial classification code, exce p t those 
facilities located in ce r tified local ai r p ollution 
cont r ol agency a r eas. — (Local ai r p ollution cont r ol 
agencies — shaW — eaH — the — standa r d — indust r ial 
classification code within thei r ju r isdiction when the 
Di r ecto r calls that code — .\ local ai r p ollution 



agency — may — eaH — a p a r ticula r — standa r d 



cont r ol 

indust r ial classification code before the Di r ecto r 
calls that code if the Commission a ppr oves the call 
by the local ai r pollution cont r ol agency.) — AH 
sou r ces. — r ega r dless — of thei r — sta n da r d — indust r ial 

classification code and including sou r ces 

combusting — ©niy — unadulte r ated — fossil — fttete — or 
unadulte r ated wood, at the facility shall be included 
in the call for pe r mit a pp lications. All membe r s of 
a sou r ce o r facility category not having a standa r d 
indust r ial — classification code — shaH — simila r ly — be 
called at one time. — Fo r catego r ies of sou r ces, 
excluding cooling towe r s, fo r which it is known 
that the envi r onmental T r otcction Agency (LPA) 
has scheduled pr omulgation of a .MACT unde r 
Section 112(e) of the fede r al Clean Ai r \ci. the 
Directo r shall notifv' facilities in these catego r ies as 
the CPA p romulgates MACT. — If the EPA fails to 
pr omulgate a MACT as scheduled afte r it has 
a ppr oved the State's Title V p e r mit p r og r am, the 
Di r ecto r shall notify facilities 16 months afte r the 
missed pr omulgation date. 

i4) Existing facilities Subject to MACT. — The owne r 

o r o p e r ato r of an existing facility sub j ect to one o r 
mo r e MACT. o r that may be subject to a MACT 
based on studies r equi r ed by Section 112 (n)(l) of 
the Clean Ai r Act. 42 U.S.C. Section 7412 (n)(l). 
shall submit a p e r mit a pp lication to com p ly with 
Section .1100 of this Subchapte r at the same time 
that he submits a permit application to com p ly with 
the — last MACT that is known to a pp ly to the 
facility. — The p e r mit ap p lication shall include an 
evaluation fo r all toxic ai r pollutants cove r ed unde r 
15A NCAC 2D . 1 104 fo r all sou r ces at the facilw. 
The facilit>' shall com p ly with the r equi r ements of 
15A NCAC 2D .1100 by the same deadline that it 
is r equi r ed to com p ly with the last MACT. 

f^) Modification. Ftrr — modification — of a — facility 

unde r taken afte r August j1. 1 99 3. that is r equi r ed 
to have a p ermit because of a p plicability of Sections 
in Subcha p te r 2D of this Cha p te r othe r than Section 
. 1 1(X) of this Subcha p te r , exce p t fo r facilities whose 
emissions of toxic ai r p ollutants r esult onJy f r om 

combusting unadulte r ated fossil foeh or 

unadulte r ated wood and associated sto r age of such 



(^ 



fuels o r that has a standard indust r ial classification 
(SIC) code that has pr eviously been called under 
Sub p a r ag r a p h (b)(3) of this Rule, the owne r or 
o p e r ato r of the facility shall submit a p ermit 
a pp lication to comply with 15A >4CAC 2D .11(X) 
tfr 

i:M The modification r esults in : 

tr) — a net inc r ease in emissions of any 
toxic ai r p ollutant that the facility was 
emitting befo r e the modification: o r 
(if) — emissions of any toxic air p ollutant 
ttert — the — facility — was — not — emitting 
befo r e — the — modification — tf — stieh 
emissions exceed any level contained 
in Parag r aph (h) of this Rule : o r 

tfil The Di r ecto r finds that the modification of 

the facility will significantly inc r ease the r isk 
to human health p osed by the facility. — The 
Di r ecto r shall p r ovide his findings to the 

owne r o r o p e r ato r of the facility. The 

Di r ector may r equire the owne r o r o p erator 
of a facility subject to this Sub p aragraph to 
pr ovide a satisfactory analysis showing what 
the r esultant emissions and inc r ease of r isk to 
human health f r om the modified facility will 
bcT 



The- 



p e r mit ap p lication filed p ursuant to Pa r t (A) of 
this Sub p aragraph shall include an evaluation fo r all 
toxic ai r pollutants cove r ed unde r 15A NCAC 2D 
. 1 104 fo r which the r e is a net inc r ease in emissions 



of 



toxic ai r p ollutants being emitted befo r e the 
modification o r an inc r ease in emissions of toxic ai r 
pollutants above the level in Pa r ag r a p h (h) of this 
Rule of toxic ai r p ollutants not being emitted before 

the — modifications. AH — sou r ces at the — facility 

emitting these toxic ai r p ollutants shall be included 
in the evaluation. — The pe r mit application filed 
p u r suant to Part (D) of this Sub p a r agra p h shall 
include an evaluation fo r all toxic ai r pollutants 
identified by the Di r ecto r as significantly inc r easing 
the r isk to human health. 
P r cviouslv Permitted Facilities. 



tM A facility that r ccci\ ' ed a pcimit to emit toxic 

ai r p ollutants befo r e October 1. 1 99 3. shall 
continue to o p e r ate unde r the te r ms of such 
p e r mit. The emissions of toxic ai r p ollutants 
r esulting f r om modification of the facility 
will be r egulated p u r suant to Sub p arag r a p h 
(b)(5) of this Rule. 

fB) A facility that has r eceived a permit to emit 

toxic ai r p ollutants befo r e Octobe r 1. 1 99 3. 
that IS o p e r ating unde r a com p liance schedule 
pr eviously a ppr oved by the Di r ecto r , and 
that will be subject to a M. ' XCT shall be 
r equi r ed to com p ly with the te r ms of such 
com p liance schedule unless the owne r o r 
o p e r ato r of the facility demonst r ates to the 



669 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



satisfaction of the Di r ecto r that com p liance 
requires substantial ca p ital ex p enditu r es that 

■ 1- - ^ i^ ^^J ■ ---'- - - fc * A i^^r 



maximum feasible cont r ol. — Maximum feasible cont r ol shall 
be in place and ope r ating within th r ee yea r s f r om the date that 



be r ende r ed unnecessa r y when MACT the pe r mit is issued fo r the maximum feasible control. 



Whe r e such a demonst r ation is 



may 

is a pp lied 

made, the owne r o r operato r of the facility 

shall submit a p ermit a pp lication to com p ly 

^vith 15A NCAC 2D .1100 in accordance 

with Sub p a r agra p hs (b)(3). (4). o r (5) of this 

fttrfer 

(c^ — Demonst r ations. — The owne r o r o p e r ato r of a sou r ce 

who is a pp lying fo r a p e r mit o r p e r mit modification to emit 

toxic ai r pollutants shall : 

t+) demonst r ate to the satisfaction of the Di r ecto r 

th r ough dispersion modeling that the emissions of 
toxic ai r p ollutants f r om the facility will not cause 
any acceptable ambient level listed m 15A NCAC 
2D .1104 to be exceeded : o r 

(2) demonst r ate to the satisfaction of the Commission 

or — its — delegate — that the — ambient — concent r ation 
beyond — the — p r emises — (contiguous — and — ad j acent 
pr o p e r ty — boundary) — for — the — subject — ttrxic — air 
p ollutant will not adve r sely affect human health 
even though the concent r ation is highe r than the 
acce p table ambient level in 15A NCAC 2D .1104 
by pr oviding one of the following demonst r ations : 

^Aj the a r ea whe r e the ambient concent r ations 

arc — ex p ected — to — exceed — the — acceptable 
ambient levels in 15A NCAC 2D .1104 a r e 
not inhabitable o r occu p ied fo r the du r ation 
of the ave r aging time of the p ollutant of 
conce r n, o r 

fB) new toxicological data that shows that the 

acce p table ambient level in 15A NCAC 2D 

.1104 fo r the p ollutant of conce r n is too low 

and the facility's ambient im p act is below the 

level indicated by the toxicological data. 

(d) Technical Infcasibility and Economic Hardshi p . — This 

Pa r ag r a p h shall not a pp ly to any incine r ato r cove r ed unde r 

15A NCAC 2D . 1200. The owne r o r o p e r ato r of any source 

constructed befo r e May — h — 1 99 0. — who cannot su pp ly a 

demonst r ation desc r ibed in Pa r ag r a p h (c) of this Rule shall : 

(+) — demonst r ate to the satisfaction of the Commission 

o r its delegate that com p lying with the guidelines in 

15A NCAC 2D .1104 is technically infeasiblc (the 

technology necessa r y to r educe emissions to a level 

to pr event the acce p table ambient levels in 15A 

NCAC 2D .1104 from being exceeded does not 

exist); o r 

^ demonst r ate to the satisfaction of the Commission 

o r its delegate that complying with the guidelines in 
15A NCAC 2D .1104 would r esult 



in se r ious 



economic ha r dshi p . 



If the owne r o r o p e r ato r makes a demonst r ation to the 
satisfaction of the Commission o r its delegate p ursuant to 
Sub p a r ag r a p h (1) o r (2) of this Pa r ag r aph, the Directo r shall 
r equi r e — the — owne r o r o p e r ato r of the — sou r ce — to a pp ly 



(e) — Public Notice and O pp o r tunity fo r Public Hea r ing. — tf 
the owne r o r ope r ato r of a sou r ce chooses to make a 



demonst r ation pu r suant to Sub p a r ag r a p h (c)(2) o r (d)(] 



) o r (2) 



au pp a r ag r a p n K ' C)\i) o r tont) o r 
of this Rule, the Commission o r its delegate shall app r ove o r 
disa ppr ove — the — permit — after — a — ptibHc — notice — with — an 
o pp ortunity fo r a public hea r ing. The p ublic notice shall meet 
the r equi r ements of Pa r ag r a p h (c) of 15A NCAC 2Q .0307. 
Any subsequent public hea r ing shall meet the r equi r ements of 
Pa r ag r a p h (e) of 15A NCAC 2Q .0307. 

(f) Modeling Demonst r ation. If the owne r o r o p e r ator of a 
facility demonstrates by modeling that any toxic ai r pollutant 
emitted — from — his — facility — cont r ibutes — an — inc r emental 
concent r ation to the ambient ai r concent r ation of that p ollutant 
beyond his p r emises which is less than the acceptable ambient 
level values given in 15A NCAC 2D .1104. he does not have 



to pr ovide any 
p e r mit application. 



fu r the r modeling demonst r ation with his 
Howeve r , the Commission may still 



r equi r e mo r e st r ingent emission levels in acco r dance with its 
analysis unde r 15A NCAC 2D .1107. 

(g> exemptions. A pe r mit to emit toxic ai r p ollutants shall 
not be r equi r ed fo r: 

(+) the — noncomme r cial — use — of household cleane r s, 

household chemicals, o r household fuels in pr ivate 
r esidences : 



-that 



i^ asbestos demolition and r enovation pr ojects 

comply with 15A NCAC 2D .1110 and that a r c 
being — done — by — p e r sons — acc r edited — by — the 
De p a r tment of Envi r onment. Health, and Natu r al 
Resou r ces unde r the Asbestos Haza r d Eme r gency 
Res p onse Act; 

(3^ emissions — from — gasoline — dis p ensing — facility — or 

gasoline se r vice station o p e r ations p e r fo r med as a 
part — of pet r oleum — dist r ibution — to — the — ultimate 
consume r whe r e the emissions com p ly with 15A 
NCAC 2D .0524, .0 9 25. .0 9 28. .0 9 32 and .0 9 33 
and that r eceive gasoline f r om bulk gasoline plants 
o r bulk gasoline te r minals tliat comply with 15A 
NCAC 2D .0524, .0 9 25, .0 9 26, .0 9 27, .0 9 32, and 
.0 9 33 via tank t r ucks that com p ly with 15A NCAC 
2D .0 9 32 ; 

(4) the use fo r ag r icultu r al o p e r ations by a fa r mer of 

fe r tilize r s, — pesticides, — or — othe r — ag r icultu r al 
chemicals containing one o r mo r e of the compounds 
listed in 15A NCAC 2D .1104 if such compounds 
a r c applied in acco r dance with ag r onomic p r actices 
acce p table to the No r th Ca r olina De p a r tment of 
Ag r icultu r e and the Commission. 

t^) manholes — and — customer — vents — of — wastewater 

collection systems : 

ifi) emissions of ethylene oxide r esulting f r om use as a 

stc r ilant in the pr oduction and subsequent sto r age of 
medical devices o r the p ackaging and subsequent 
sto r age of medical devices fo r sale p rovided that 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



670 



PROPOSED RULES 



the emissions f r om all new and existing sou r ces 
located at the facility described in Pa r ag r a p h (d) of 
15 A NCAC 2D .0538 a r e cont r olled at least to the 
degree described in Parag r a p h (d) of 15A NCAC 
3D .0538 and the facility com p lies with Pa r ag r a p hs 
(L) and (f) of 15A NCAC 2D .0538. 
i^ — emissions — f r om bulk gasoline p lants, — including 
emissions f r om the storage and handling of fuel 
otte^ — ke r osenes. — and — jet — foeb — btit — excludmg 
emissions f r om the sto r age and handling of othe r 
organic liquids, that com p ly with 15A — NCAC 2D 
.0524. .0 9 25, .0 9 26. .0932. and .0 9 33 unless the 
Di r ecto r finds that a permit to emit toxic ai r 
p ollutants — is — r equi r ed — under — this — ftok — for — a 
p a r ticula r bulk gasoline p lant; 



f§) emissions f r om bulk gasoline terminals, including 

emissions f r om the sto r age and handling of fuel 
otte; — ke r osenes, — and — jet — faeh — btrt — excluding 
emissions f r om the sto r age and handling of other 
o r ganic liquids, that com p ly with 15A NCAC 2D 
.0524. .0 9 25, .0 9 27, .0 9 32, and .0 9 33 if the bulk 
gasoline teiininal existed befo r e Novembe r 1, 1 99 2. 
unless : 

(T*r) the Di r ecto r finds that a pcnnit to eiiiit toxic 

ai r p ollutants is r equi r ed unde r this Rule for 
a p a r ticula r bulk gasoline te r minal, oi ' 

t©^ the owne r o r o p e r ato r of the bulk gasoline 

terminal — meets — the — r equi r ements of — t5A 

NCAC 2D .0 9 27(i). 

(h) Emission Rates Requi r ing a Pe r mit. — A p e r mit to emit 

toxic ai r p ollutants shall be r equi r ed fo r any facility whose 

actual emissions f r om all sou r ces a r c g r eate r than any one of 

the following : 



-fH acctaldchyde 



-i^ acetic acid 

-f3^ ac r olein 

-f4) ac r ylonit r ile 



■i^ 



ammonia 



in/yr 



1L /J 



11- /I- .. 
iVf 111 



ie 



-(6) ammonium ch r omatc 

-th ammonium dichromatc 

-f8^ aniline 



lb/ 15 min 



{ 



0:ee 






"t^) a r senic and ino r ganic 

a r senic com p ounds 



&:m€ 



(10) asbestos 

(11) azi r idine 

(12) benzene 

(13) benzidine and salts 

"i+H bcnzo(a) p yrcne 

(15) benzyl chlo r ide 

(16) beryllium 

-(-H4 be r yllium chlo r ide 

-fW) be r yllium fluo r ide 

-ii9i be r yllium nitrate 

-f20) — bis-chlo r omcthyl ethe r 

(21) b r omine 



1.9 X lO '" 
0.0010 

\J.ZO 

U.ZO 

0:025 



&r« 



&:« 



&m5 



i 



671 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



Vofyr lb/day ib/hr lb/ 15 min 

-f¥i) 1.3 -butadiene i2 

(23) cadmium 0t^ 

(24) cadmium acetate Qri^ 

(25) cadmium b r omide &t3^ 

(2 6 ) calcium eh r omatc 0.0056 

-e^ ca r bon disulfide 379 

(28) carbon tetrachlo r ide 469 

-(59) — drterine Br^ 0:^5? 

(30) chlo r obcnzene 46 

-(341 chlo r ofo r m 296 

-(32) chlo r o pr enc 9:2 07*9 

-(331 ch r omic acid 6:0H 

-(34) ch r omium (vi) 0.005 6 

-(35) eresoi 0:56 

(3 6 ) — p-dichlo r obcnzcne 4t2 

(37) — dichlo r odifluo r omc thane 5200 

-(38) dichlorofluo r omethanc i6 

-(39) di(2-ethylhcxyl) p hthalatc 6:63 

-(40) dimethyl sulfate 6:663 

-(4+) 1.4-dioxane i2 

-(43) c p ichlo r ohyd r in 5666 

-(43) — ethyl acetate 36 

(44) cthylenediamine 6:3 6:64 

(45) ethylene dib r omidc 2? 

-(46) — ethylene dichlo r idc 266 

-(4t4 — ethyle n e glycol monoethyl 2:5 6:48 
ether 



-(48) ethylene oxide 4-8 

-(49) ethyl me r ca p tan 6:635 

-f56) fluo r ides 6:34 6:664 

-(5H fo r maldehyde 6:0i6 

-(53) hcxachlo r ocyclo- 6t6H 0.0025 

p entadiene 



(53) hexachlo r odibcnzo- p 0.0051 

-dioxin 



12:8 NORTH CAROLINA REGISTER October 15, 1997 672 



PROPOSED RULES 



11- / — 
iD/yr 



-(54^ n-hexanc 

-i65j hexanc isomers exce p t n- 



hexanc 



(5 6 ) hydrazine 

(57) — hyd r ogen chlo r ide 

(58) hydrogen cyanide 

(5 9 ) hyd r ogen fluo r ide 

( 6 0) hyd r ogen sulfide 

(61) maleic anhyd r ide 

( 6 2) manganese and 

com p ounds 

(6.1) manganese 

cyclo p cntadienyl 

triearbonyl 

(64) manganese t et r oxidc 

-t€5i me r cu r y, alkyl 

( 66 ) me r cury, a r yl and 

ino r ganic com p ounds 

(67) me r cu r y, va p o r 

(68) methyl chioioform 

( 69 ) methylene chlo r ide 

-(90) methyl ethyl ketone 

-(9+) methyl isobutyl ketone 

-i^ methyl mc r ca p tan 

(73) nickel ca r bonyl 

(74) nickel metal 

-i95i nickel, soluble 

com p ounds. 
as nickel 



-t?6) nickel subsulfide 

-fFP) nit r ic acid 



(78) nit r obenzene 



(7 9 ) N-nitrosodimethylamine 

(80) p entachlo r o p henol 

-^frH p e r chlo r octhylcne 



-ifiH — phenoi 
(83) — p hosgene 



1 OUU 






37* 



«eee 



ftrMay 
23 



lu/nT 



0:25 
0.63 

OtO« 

Or+e 

0.0013 






+t3 



ere63 



}b745-mtn 



29 



< 






0:045 

OtOW 
OrH 



0:025 



0:^B 




25e 


tt 


?8 


5:6 


5i 


+t9 

\1 T 



0:064 



OtB 



0:0064 






I 



673 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



lU ti tr 

TuryT 



ib/day 



11- n. ■■ 
lutnT 



-f84) phosphinc 

-ifis5) polychlo r iiiatcd biphcnyls 

(86) potassium chromatc 

(87) — potassium dich r omatc 

-t88l sodium chromatc 

(8 9 ) sodium dich r omatc 

-(96) strontium ch r omatc 



( 9 1) styrene 

-f92) sulfu r ic acid 

-(93) tetrachlorodibcnzo-p" 

dioxin 

-(94) 1.1.1.2-tct r achlo r o-2,2.- 

difluo r oc thane 

-(95) l,l,2,2-tct r achlo r o-l,2- 



difluo r oc thane 



— (96) 1,1.1 .2-tct r achlo r oethane 

( 9 7) toluene 

— (98) toluene diisocyanate, 2-4 

and 2-6 isome r s 

— (99) t r ichloroethylene 

(100) t r ichlo r ofluo r omethane 

-m^ l.l,2-t r ichlo r o-1.2,2- 

fluo r oc thane 



lb/ 15 min 

0:608 



5:6 



6:6+3 
6:0*3 
6:0+3 
6:6H 



0.0056 



6:25 



9r^ 

6:025 



0.00020 



1 \r\r\ 
1 lUU 



1 1 rvn 

TTTtU 









98 

6:6H 



1 Ar\ 



3:6 
6:06* 



68 



(102) — vinyl chlo r ide 

(103) vinylidenc chlo r ide 

(104) xylene 



26 



2:5 
5? 



4:+ 



(105) zinc ch r omatc 



0.005 6 



) 



ft) — Calls by the Di r ecto r . — Notwithstanding any othe r 
p r ovision of this Rule o r 15A NCAC 2D .1104, the Di r ecto r 
may. u p on w r itten finding that a sou r ce o r facility emitting 
toxic ai r p ollutants pr esents an unacce p table r isk to human 
health based on the acce p table ambient levels in 15A NCAC 
2D .1104 o r e p idemiology studies, r equi r e the owne r o r 
ope r ato r of the — sou r ce o r facility — to submit a p e r mit 
a pp lication to com p ly with 15A NCAC 2D . 1 100. 

Authority G.S. 143-215. 3(a)(1): 143-215.108; 143B-282; S.L. 
1989. c. 168, s. 45. 

SUBCHAPTER 2Q - AIR QUALITY PERMIT 
PROCEDURES 



SECTION .0100 - GENERAL PROVISIONS 

.0101 REQUIRED AIR QUALITY PERMITS 

(a) No owner or operator shall do any of the following 
activities, that is not otherwise exempted, without first 
applying for and obtaining an air quality permit: 

(1) construct, operate, or modify a source subject to an 
applicable standard, requirement, or rule that emits 
any regulated pollutant or one or more of the 
following: 

(A) sulfur dioxide, 

(B) total suspended particulates, 

(C) particulate matter (PM 10), 

(D) carbon monoxide. 



72.5 



NORTH CAROLINA REGISTER 



October 15, 1997 



674 



PROPOSED RULES 



(E) nitrogen oxides, 

(F) volatile organic compounds, 

(G) lead and lead compounds, 
(H) fluorides, 

(I) total reduced sulfur, 

(J) reduced sulfur compounds, 
(K) hydrogen sulfide, 
(L) sulfuric acid mist, 
(M) asbestos, 

(N) arsenic and arsenic compounds, 
(O) beryllium and beryllium compounds, 
(P) cadmium and cadmium compounds, 
(Q) chromium(VI) and chromium(VI) 

compounds, 
(R) mercury and mercury compounds, 
(S) h\drogen chloride. 
(T) vinyl chloride, 
(U) benzene, 
(V) ethylene oxide, 
(W) dioxins and furans, 
(X) ozone, or 

(Y) any toxic air pollutant listed in 15A NCAC 
2D .1104; 

(2) construct, operate, or modif>' a facility that has the 
potential to emit at least 10 tons per year of any 
hazardous air pollutant or 25 tons per year of all 
hazardous air pollutants combined or that are 
subject to requirements established under the 
following sections of the federal Clean Air Act: 

(A) Section 112(d), emissions standards; 

(B) Section 112(f), standards to protect public 
health and the environment; 

(C) Section 112(g), modifications (but only fo r 
the — facility subject to — Section — 1 12(g)(2); 
construction and reconstruction; 

(D) Section 112(h), work practice standards and 
other requirements; 

(E) Section 112(i)(5). early reduction; 

(F) Section 112(j), federal failure to promulgate 
standards; 

(G) Section 112(r). accidental releases; or 

(3) enter into an irrevocable contract for the 
construction, operation, or modification of an 
air-cleaning device. 

(b) There are two types of air quality permits; 
(1) Stationary Source Construction and Operation 
Permit; The owner or operator of a new, 
modified, or existing facility or source shall not 
begin construction or operation without first 
obtaining a construction and operation permit in 
accordance with the standard procedures under 
Section .0300 of this Subchapter. Title V facilities 
are subject to the Title V procedures under Section 
.0500 of this Subchapter including the acid rain 
procedures under Section .0400 of this Subchapter. 
A facility may also be subject to the air toxic 
procedures under 15 A NCAC 211 .0610. 2Q. .0700. 



(2) Transportation Facility Construcnon Permit. The 
owner or operator of a transportation facility 
subject to the requirements of 15 A NCAC 2D 
.0800 shall obtain a construction only permit 
following the procedures under Section .0600 of 
this Subchapter, 
(c) Fees shall be paid in accordance with the requirements 
of Section .0200 of this Subchapter. 

Authority G.S. 143-21 5.3(a) (]); 143-215.108: 143-215.109. 

.0102 ACTIVITIES EXEMPTED FROM PERMIT 
REQLTREMENTS 

(a) If a source is subject to any of the following rules, then 
the source is not exempted from permit requirements, and the 
exemptions in Paragraph (b) of this Rule do not apply; 

(1) new source performance standards under 15A 
NCAC 2D .0524 or 40 CFR Part 60, except; 

(A) 40 CFR Part 60. Subpart Dc. industrial, 
commercial, and institutional steam 
generating units located at a facility not 
required to be permitted under Section .0500 
of this Subchapter; 

(B) 40 CFR Part 60, Subpan Kb, volatile 
organic liquid storage vessels located at a 
facility not required to be permitted under 
Section .05(X) of this Subchapter; or 

(C) 40 CFR Part 60, Subpan AAA, new 
residential wood heaters; 

(2) national emission standards for hazardous air 
pollutants under 15A NCAC 2D .1110 or 40 CFR 
Part 61, except asbestos demolition and renovation 
acti\'ities; 

(3) prevention of significant deterioration under 15 A 
NCAC 2D .0530"; 

(4) new source review under 15 A NCAC 2D .0531 or 
.0532; 

(5) sources of volatile organic compounds subject to 
the requirements of 15A NCAC 2D .0900 that are 
located in Mecklenburg County in accordance with 
15A NCAC 2D .0902;^ 

(6) sources required to apply maximum achievable 
control technology (MACT) for hazardous air 
pollutants under 15A NCAC 2D .110 9 o r .1109. 
.1111 o r .1111. .1112. or 40 CFR Part 63 that are 
required to ha\e a permit under Section .0500 of 
this Subchapter; or 

(7) sources at facilities subject to 15A NCAC 2D 
. 1 100. (If a source does not emit a toxic air 
pollutant for which the facility at which it is located 
has been evaluated, modeled, it shall be exempted 
from needing a permit if it qualifies for one of the 
exemptions in Paragraph (b) of this Rule). 

(b) The following activities do not need a permit or permit A 
modification imder this Subchapter; however, the Director ^ 
may require the owner or operator of these activities to 
reeister them under I5A NCAC 2D .0200: 



675 



NORTH CAROLINA REGISTER 



October 15, 1997 



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PROPOSED RULES 



> 



(1) activities exempted because of category (These 
activities shall not be included on the permit 
application or in the permit.): 

(A) maintenance, upkeep, and replacement: 

(i) maintenance, structural changes, or 
repairs which do not change the 
capacity of such process, fuel-burning, 
refuse-burning, or control equipment, 
and do not involve any change in 
quality or nature or increase in 
quantity of emission of regulated air 
pollutants; 

(ii) housekeeping activities or building 
maintenance procedures, including 
painting buildings, resurfacing floors, 
roof repair, washing, portable vacuum 
cleaners, sweeping, use and associated 
storage of janitorial products, or 
insulation removal; 

(iii) use of office supplies, supplies to 
maintain copying equipment, or 
blueprint machines, 

(iv) use of fire fighting equipment; 

(v) paving parking lots; or 

(vi) replacement of existing equipment 
with equipment of the same size, type, 
and function that does not result in an 
increase to the actual or potential 
emission of regulated air pollutants 
and that does not affect the compliance 
status, and with replacement 
equipment that fits the description of 
the existing equipment in the permit, 
including the application, such that the 
replacement equipment can be 
operated under that permit without any 
changes in the permit; 

(B) air conditioning or ventilation: comfort air 
conditioning or comfort ventilating systems 
which do not transport, remove, or exhaust 
regulated air pollutants to the atmosphere; 

(C) laboratory activities: 

(i) bench-scale, on-site equipment used 
exclusively for chemical or physical 
analysis for quality control purposes, 
staff instruction, water or wastewater 
analyses, or non-production 

environmental compliance 

assessments; 
(ii) bench-scale experimentation, chemical 
or physical analyses, training or 
instruction from not-for-profit, non- 
production educational laboratories; 
(iii) bench-scale experimentation, chemical 
or physical analyses, training or 
instruction from hospitals or health 



laboratories pursuant to the 
determination or diagnoses of illness; 
or 
(iv) research and development laboratory 
activities that are not required to be 
permitted under Section .0500 of this 
Subchapter provided the activity 
produces no commercial product or 
feedstock material; 

(D) storage tanks: 

(i) storage tanks used solely to store fuel 
oils, kerosene, diesel, crude oil, used 
motor oil, lubricants, cooling oils, 
natural gas or liquified petroleum gas; 

(ii) storage tanks used to store gasoline for 
which there are no applicable 
requirements except Stage 1 controls 
under 15A NCAC 2D .0928; 

(iii) storage tanks used solely to store 
inorganic liquids; or 

(iv) storage tanks or vessels used for the 
temporary containment of materials 
resulting from an emergency response 
to an unanticipated release of 
hazardous materials; 

(E) combustion and heat transfer equipment: 

(i) space heaters burning distillate oil, 
kerosene, natural gas, or liquified 
petroleum gas operating by direct heat 
transfer and used solely for comfort 
heat; 
(ii) residential wood stoves, heaters, or 

fireplaces; 
(iii) hot water heaters which are used for 
domestic purposes only and are not 
used to heat process water; 

(F) wastewater treatment processes: industrial 
wastewater treatment processes or municipal 
wastewater treatment processes for which 
there are no applicable requirements; 

(G) gasoline distribution: 

(i) gasoline service stations or gasoline 
dispensing facilities that are not 
required to be permitted under Section 
.0500 of this Subchapter; or 
(ii) gasoline dispensing equipment at 
facilities required to be permitted 
under Section .0500 of this Subchapter 
if the equipment is used solely to 
refuel facility equipment; 
(H) dispensing equipment: equipment used solely 
to dispense diesel fuel, kerosene, lubricants 
or cooling oils; 
(I) solvent recycling: portable solvent distillation 
systems used for on-site solvent recycling if: 
(i) The portable solvent distillation 



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October 15, 1997 



676 



PROPOSED RULES 



system is not: 

(I) owned by the facility, and 
(II) operated at the facility for more 
than seven consecutive days; 
and 
(ii) The material recycled is: 

(I) recycled at the site of origin, 
(II) the original material is non- 
photochemically reactive in 
accordance with 15 A NCAC 
2D .0518, Miscellaneous 
Volatile Organic Compound 
Emissions, and 
(III) all make up material is non- 
photochemically reactive in 
accordance with 15 A NCAC 
2D .0518; 
(J) processes: 

(i) small electric motor bum-out ovens 
with secondary combustion chambers 
or afterburners; 
(ii) small electric motor bake-on ovens; 
(iii) bum-off ovens for paint-line hangers 

with afterburners; 
(iv) hosiery knitting machines and 
associated lint screens, hosiery dryers 
and associated lint screens, and 
hosiery dyeing processes where bleach 
or solvent dyes are not used; 
(v) blade wood planers planing only green 
wood; 
(K) miscellaneous: 

(i) motor vehicles, aircraft, marine 
vessels, locomotives, tractors or other 
self-propelled vehicles with internal 
combustion engines; 
(ii) non-self-propelled non-road engines, 
except generators, regulated by mles 
adopted under Title II of the federal 
Clean Air Act; 
(iii) equipment used for the preparation of 
food for direct on-site human 
consumption; 
(iv) a source whose emissions are 
regulated only under Section 112(r) or 
Title VI of the federal Clean Air Act 
that is not required to be permitted 
under Section .0500 of this 
Subchapter; 
(v) exit gases from in-line process 

analyzers; 
(vi) stacks or vents to prevent escape of 
sewer gases from domestic waste 
through plumbing traps; 
(vii) refrigeration equipment that is 
consistent with Section 601 through 
618 of Title VI (Stratospheric Ozone 



Protection) of the federal Clean Air 
Act, 40 CFR Part 82, and any other 
regulations promulgated by EPA imder 
Title VI for stratospheric ozone 
protection, except those imits used as 
or in conjunction with air pollution 
control equipment; 
(viii) equipment not vented to the outdoor 
atmosphere with the exception of 
equipment that emits volatile organic 
compounds; 
(ix) equipment that does not emit any 

regulated air pollutants; 

(x) facilities subject only to a requirement 

under 40 CFR Part 63 that are not 

required to be permitted under Section 

.0500 of this Subchapter (This 

Subpart does not apply when a control 

device is used to meet a MACT or 

GACT emission standard.); or 

(xi) sources for which there are no 

applicable requirements and that are at 

a facility not required to be permitted 

imder Section .0500 of this 

Subchapter. 

(2) activities exempted because of size or production 

rate (These activities shall not be included in the 

permit. If the facility is subject to the permitting 

procedures imder Section .0500 of this Subchapter, 

these activities shall be listed on the permit 

application; otherwise, these activities shall not be 

listed on the permit application.): 

(A) storage tanks: 

(i) above-ground storage tanks with a 
storage capacity of no more than 1 100 
gallons storing organic liquids with a 
tme vapor pressure of no more than 
10.8 pounds per square inch absolute 
at 70T; or 
(ii) underground storage tanks with a 
storage capacity of no more than 2500 
gallons storing organic liquids with a 
true vapor pressure of no more than 
10.8 psi absolute at 70°F; 

(B) combustion and heat transfer equipment 
located at a facility not required to be 
permitted under Section .0500 of this 
Subchapter: 

(i) fuel combustion equipment, except for 
internal combustion engines, firing 
exclusively kerosene, No. 1 fuel oil, 
No. 2 fuel oil, equivalent 

unadulterated fuels, or a mixture of 
these fuels or one or more of these A 
fuels mixed ©f with natural gas or I 
liquified petroleum gas with a heat 
input of less than: 



677 



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12:8 






PROPOSED RULES 



I 



(I) 10 million BTU per hour for 
which construction, 

modification, or reconstructed 
commenced after June 9, 1989; 
or 
(II) 30 million BTU per hour for 
which construction, 

modification, or reconstruction 
commenced before June 10, 
1989; 
(ii) fuel combustion equipment, except for 
internal combustion engines, firing 
exclusively natural gas or liquified 
petroleum gas or a mixture of these 
fuels with a heat input rating less than 
65 million BTU per hour; 
(iii) space heaters burning waste oil if: 

(I) The heater bums only oil that 
the owner or operator generates 
or used oil from do-it-yourself 
oil changers who generate used 
oil as household wastes; 
(II) The heater is designed to have a 
maximum capacity of not more 
than 500,000 Btu per hour; and 
(III) The combustion gases from the 
heater are vented to the ambient 
air; 
(iv) emergency use generators and other 
internal combustion engines not 
regulated by rules adopted under Title 
II of the federal Clean Air Act, except 
self-propelled vehicles, that have a 
rated capacity of no more than: 
(I) 310 kilowatts (electric) or 460 
horsepower for natural 
gas-fired engines, 
(II) 830 kilowatts (electric) or 1150 
horsepower for liquified 
petroleum gas-fired engines, 

(III) 270 kilowatts (electric) or 410 
horsepower for diesel-fired or 
kerosene-fired engines, or 

(IV) 21 kilowatts (electric) or 31 
horsepower for gasoline-fired 
engines; 

(v) portable generators and other portable 
equipment with interna! combustion 
engines not regulated by rules adopted 
imder Title II of the federal Clean Air 
Act, except self-propelled vehicles, 
that operate at the facility no more 
than a combined 350 hours for any 
365-day period provided the 
generators or engines have a rated 
capacity of no more than 750 kilowatt 



(electric) or 1 100 horsepower each 
and provided records are maintained 
to verify the hours of operation; 
(vi) peak shaving generators that produce 
no more than 325, (XX) kilowatt-hours 
of electrical energy for any 12-month 
period provided records are 
maintained to verify the energy 
production on a monthly basis and on 
a 12-month basis; 

(C) gasoline distribution: bulk gasoline plants 
with an average daily throughput of less than 
4000 gallons that is not required to be 
permitted under Section .0500 of this 
Subchapter; 

(D) processes: 

(i) printing, paint spray booths or other 
painting or coating operations without 
air pollution control devices (water 
wash and filters that are an integral 
part of the paint spray booth are not 
considered air pollution control 
devices) located at a facility whose 
facility-wide actual emissions of: 
(I) Volatile organic compounds are 

less than five tons per year, and 
(II) Photochemically reactive 

solvent emissions under 15 A 

NCAC 2D .0518 are less than 

30 pounds per day; 
provided the facility is not required to 
be permitted under Section .0500 of 
this Subchapter; 
(ii) saw mills that saw no more than 
2,000,000 board feet per year 
provided only green wood is sawed; 
(iii) perchloroethylene dry cleaners that 
consume less than 13, (XX) pounds (965 
gallons) of perchloroethylene per year; 
(iv) electrostatic dry powder coating 
operations equipped with powder 
recovery including curing ovens with a 
heat input of less than 10,000,000 
BTU per hour; 

(E) miscellaneous: 

(i) any source without an air pollution 
control device whose emissions would 
not violate any applicable emissions 
standard and whose potential 
emissions of particulate, sulfur 
dioxide, nitrogen oxides, volatile 
organic compounds, and carbon 
monoxide are each no more than five 
tons per year and whose potential 
emissions of hazardous air pollutants 
are below their lessor quantity cutoff 



12:8 



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October 15, 1997 



678 



PROPOSED RULES 



except: 

(I) storage tanks, 

(II) fuel combustion equipment, 
excluding fuel combustion 
equipment at facilities required 
to have a permit under Section 
.0500 of this Subchapter, tiring 
exclusively kerosene. No. 1 
fuel oil. No. 2 fuel oil, 
equivalent unadulterated fuels, 
natural gas, liquified petroleum 
gas, or a mixture of these fuels, 

(III) space heaters burning waste oil, 

(IV) generators, excluding 
emergency generators, or other 
non-self-propelled internal 
combustion engines, 

(V) bulk gasoline plants, 
(VI) printing, paint spray booths, or 

other painting or coating 

operations, 
(VII) saw mills, 
(VIII) perchloroethylene dry cleaners, 

or 
(IX) electrostatic dry powder coating 

operations, 
provided that the total potential 
emissions of particulate, sulfur 
dioxide, nitrogen oxides, volatile 
organic compounds, and carbon 
monoxide from the facility are each 
less than 40 tons per year and the total 
potential emissions of all hazardous air 
pollutants are below their lesser 
quantity cutoff emission rates or 
provided that the facility has an air 
quality permit; 
(ii) any facility without an air pollution 
control device whose acmal emissions 
of particulate, sulfur dioxide, nitrogen 
oxides, volatile organic compounds, or 
carbon monoxide are each less than 
five tons per year, whose potential 
emissions of all hazardous air 
pollutants are below their lesser 
quantity cutoff emission rates, and 
which is not required to have a permit 
under Section .0500 of this 
Subchapter; 
(iii) any source that only emits hazardous 
air pollutants that are not also a 
particulate or a volatile organic 
compound and whose potential 
emissions of hazardous air pollutants 
are below their lesser quantity cutoff 
emission rates; or 
(iv) any incinerator covered under 



(F) 



Paragraph (d) of 15A NCAC 2D 
.1201. 
case-by-case exemption: 



(i) for activities located at facilities not 
required to have a permit under 
Section .0500 of this Subchapter, 
activities that the applicant 
demonstrates to the satisfaction of the 
Director: 
(I) to be negligible in their air 

quality impacts, 
(II) not to have any air pollution 

control device, and 
(III) not to violate any applicable 
emission control standard when 
operating at maximum design 
capacity or maximum operating 
rate, whichever is greater; or 
(ii) for activities located at facilities 
required to have a permit under 
Section .0500 of this Subchapter: 
activities that the applicant 
demonstrates to the satisfaction of the 
Director: 
(I) to be negligible in their air 

quality impacts, 
(II) not to have any air pollution 
control device, 

(III) not to violate any applicable 
emission control standard when 
operating at maximum design 
capacity or maximum operating 
rate, whichever is greater, 

(IV) the potential emissions of each 
criteria pollutant is less than 
five tons per year, and 

(V) the potential emissions of each 
hazardous air pollutant is less 
than ICKX) pounds per year. 

(c) Because an activity is exempted from being required to 
have a permit does not mean that the activity is exempted 
from any applicable requirement or that the owner or 
operator of the source is exempted from demonstrating 
compliance with any applicable requirement. 

(d) Emissions from stationary' source activities identified in 
Paragraph (b) of this Rule shall be included in determining 
compliance with the toxic air pollutant requirements under 
15A NCAC 2D . 1 100 or 211 .0 6 10. 2Q .0700. 

(e) The owner or operator of a facility or source claiming 
an exemption imder Paragraph (b) of this Rule shall provide 
the Director documentation upon request that the facility or 
source is qualified for that exemption. 

Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(4): 
143-215. 108. 

SECTION .0300 - CONSTRUCTION AND OPERATION 



679 



NORTH CAROLINA REGISTER 



October 15, 1997 



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PROPOSED RULES 



PERMITS 

.0301 APPLICABILITY 

(a) Except for the permit exemptions allowed under Rules 
.0102 and .0302 of this Subchapter, the owner or operator of 
a new, modified, or existing facility or source shall not begin 
construction or operation without first obtaining a 
construction and operation permit in accordance with the 
procedures under Section .0300; however. Title V facilities 
are subject to the Title V procedures under Section .0500 
including the acid rain procedures imder Section .0400 for 
Title IV sources. 

(b) The owner or operator of a source required to have a 
permit under this Section may also be subject to the air toxic 
permit procedures under 15A NCAC 211 .0610. 2Q .0700. 

(c) The owner or operator of a source required to have a 
permit under this Section shall pay permit fees required under 
Section .0200 of this Subchapter. 



owner or operator shall submit supporting documentation to 
show that air quality and emission control standards will not 
be, nor are likely to be, contravened. This documentation 
shall include: 

(1) documentation that the facility has no air pollution 
control devices; 

(2) documentation that no source at the facility will 
violate any applicable emissions control standard 
when operating at maximum design or operating 
rate, whichever is greater; and 

(3) ambient modeling showing that the ambient impact 
of emissions from the facility will not exceed the 
levels in 15A NCAC 2D .0532(c)(5) when all 
sources at the facility are operated at maximum 
design or operating rate, whichever is greater. 

If the documentation shows to the satisfaction of the Director 
that air quality and emission control standards will not be, nor 
are likely to be, contravened, a permit shall not be required. 



Authority G.S. 143-21 5. 3 (a)(1); 143-215.108. 



Authority G.S. 143-21 5. 3 (a)(1); 143-215.108. 



.0302 FACILITIES NOT LIKELY TO 

CONTRAVENE DEMONSTRATION 

(a) This Rule applies only to this Section. It does not apply 
to Section .0500 (Title V Procedures) of this Subchapter. 

(b) If a facility is subject to any of the following rules, the 
facility is not exempted from permit requirements, and the 
exemptions in Paragraph (c) of this Rule do not apply: 

(1) new source performance standards under 15 A 
NCAC 2D .0524 or 40 CFR Part 60, except new 
residential wood heaters; 

(2) national emission standards for hazardous air 
pollutants under 15A NCAC 2D .1110 or 40 CFR 
Part 61, except asbestos demolition and renovation 
activities; 

(3) prevention of significant deterioration under 15A 
NCAC 2D .0530; 

(4) new source review under 15A NCAC 2D .0531 or 
.0532; 

(5) sources of volatile organic compounds subject to 
the requirements of 15A NCAC 2D .0900 that are 
located in Mecklenburg and Gaston Counties; 

(6) sources required to apply maximum achievable 
control technology for hazardous air pollutants 
under 15 A NCAC 2D 7^69 .1109. .1112 or under 
40 CFR Part 63 or to apply generally available 
control technology (GACT) tmder or work practice 
standards under 40 CFR Part 63; 

(7) sources at facilities subject to 15A NCAC 2D 
.1100; or 

(8) facilities subject to Title V permitting procedures 
under Section .0500 of this Subchapter. 

(c) The owner or operator of any facility required to have 
a permit under this Section may request the Director to 
exempt the facility from the requirement to have a permit. 
The request shall be in writing. Along with the request, the 



.0306 PERMITS REQUIRING PUBLIC 
PARTICIPATION 

(a) The Director shall provide for public notice for 
comments with an opportunity to request a public hearing on 
draft permits for the following: 

(1) any source that may be designated by the Director 
based on significant public interest relevant to air 
quality; 

(2) a source to which 15A NCAC 2D .0530 or .0531 
applies; 

(3) a source whose emission limitation is based on a 
good engineering practice stack height that exceeds 
the height defined in 15A NCAC 2D 
.0533(a)(4)(A), (B), or (C); 

(4) a source required to have controls more stringent 
than the applicable emission standards in Section 
15A NCAC 2D .0500 in accordance with 15A 
NCAC 2D .0501 when necessary to comply with an 
ambient air quality standard under 15 A NCAC 2D 
.0400; 

(5) any physical or operational limitation on the 
capacity of the source to emit a pollutant, including 
air cleaning device and restrictions on hours of 
operation or on the type or amount of material 
combusted, stored, or processed, when such a 
limitation is necessary to avoid the applicability of 
rules in 15A NCAC 2D .0900 or 15A NCAC 2Q 
.0500; 

(6) alternative controls different than the applicable 
emission standards in 15A NCAC 2D .0900 in 
accordance with 15A NCAC 2D .0952; 

(7) an alternate compliance schedule promulgated in 
accordance with 15A NCAC 2D .0910; 

(8) a limitation on the quantity of solvent-borne ink that 
may be used by a printing unit or printing system in 



12:8 



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October 15, 1997 



680 



PROPOSED RULES 



accordance with 15A NCAC 2D .0936; 
(9) an allowance of a particulate emission rate of 0.08 
grains per dry standard cubic foot for an incinerator 
constructed before July 1, 1987, in accordance with 
15ANCAC2D .1205(b)(2); 

(10) an alternative mix of controls under 15A NCAC 2D 
.0501(f); 

(11) a source that is subject to the requirements of 15A 
NCAC 2D .1109 because of 15A NCAC 2D 
.110 9( c) : or .1112; or 

(12) the owner or operator who requests that the draft 
permit go to public notice with an opportunity to 
request a public hearing. 

(b) Failure of the owner or operator of a source permitted 
pursuant to this Rule to adhere to the terms and limitations of 
the permit shall be grounds for: 

(1) enforcement action; 

(2) permit termination, revocation and reissuance, or 
modification; or 

(3) denial of permit renewal applications. 

(c) All emissions limitations, controls, and other 
requirements imposed by a permit issued pursuant to this Rule 
shall be at least as stringent as any other applicable 
requirement as defined under Rule .0103 (effective date of 
July 1, 1994) of this Subchapter. The permit shall not waive 
or make less stringent any limitation or requirement contained 
in any applicable requirement. 

(d) Emissions limitations, controls and requirements 
contained in permits issued pursuant to the Rule shall be 
permanent, quantifiable, and otherwise enforceable as a 
practical matter under G.S. 143-215. 114A, 143-215. 114B, 
and 143-215. 114C. 

(e) If EPA requires the State to submit a permit as part of 
the North Carolina State Implementation Plan for Air Quality 
(SIP) and if the Commission approves a permit containing 
any of the conditions described in Paragraph (a) of this Rule 
as a part of the SIP, the Director shall submit the permit to 
the EPA on behalf of the Commission for inclusion as part of 
the federally approved SIP. 



Authority G.S. 143-215. 3(a)(1), (3); 
143-215. II 4A: 143-21 5. 1 MB: 143-215. INC. 



143-215. 108; 



.0312 APPLICATION PROCESSING SCHEDULE 

(a) The Division shall adhere to the following schedule for 
processing applications for permits, permit modifications, and 
permit renewals: 

(1) for permit applications, except for prevention of 
significant deterioration under 15A NCAC 2D 
.0530, case-by-case maximum achievable control 
technology under 15 A NCAC 2D .110 9 . .1109 or 
.1112. or a request for synthetic minor facility 
status before one year after EPA approves Section 
.0500 of this Subchapter: 

(A) The Division shall send written 
acknowledgment of receipt of the permit 
application to the applicant within 10 days of 



receipt of the application. 

(B) The Division shall review all permit 
applications within 45 days of receipt of the 
application to determine whether the 
application is complete or incomplete for 
processing purposes. The Division shall 
notify the applicant by letter: 

(i) stating that the application as 

submitted is complete and specifying 

the completeness date, 

(ii) stating that the application is 

incomplete, requesting additional 

information and specifying the 

deadline date by which the requested 

information is to be received by the 

Division, or 

(iii) stating that the application is 

incomplete and requesting that the 

applicant rewrite and resubmit the 

application. 

If the Division does not notify the applicant 

by letter dated within 45 days of receipt of 

the application that the application is 

incomplete, the application shall be deemed 

complete. A completeness determination 

shall not prevent the Director from 

requesting additional information at a later 

date when such information is considered 

necessary to properly evaluate the source, its 

air pollution abatement equipment, or the 

facility. If the applicant has not provided the 

requested additional information by the 

deadline specified in the letter requesting 

additional information, the Director may 

return the application to the applicant as 

incomplete. The applicant may request a 

time extension for submittal of the requested 

additional information. 

(C) The Division shall determine within 45 days 
of receipt of a complete application if any 
additional information is needed to conduct 
the technical review of the application. A 
technical completeness determination shall 
not prevent the Director from requesting 
additional information at a later date when 
such information is considered necessary to 
properly evaluate the source, its air pollution 
abatement equipment or the facility. The 
Division shall complete the technical review 
within 90 days of receipt of a complete 
application or 10 days after receipt of 
requested additional information, whichever 
is later. 

(D) If the draft permit is not required to go to 
public notice or to public hearing, the 
Director shall issue or deny the permit within 
90 days of receipt of a complete application 



681 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



} 



PROPOSED RULES 






or 10 days after receipt of requested 
additional information, whichever is later. 

(E) If the draft permit is required to go to public 
notice with a request for opportunity for 
public hearing under Rule .0306(a) of this 
Section, the Director shall: 

(i) send the draft permit to public notice 
within 90 days after receipt of a 
complete application; and 
(ii) complete the review of the record and 
take final action on the permit within 
30 days after the close of the public 
comment period. 

(F) If the draft permit is required to go to public 
hearing as a result of a request for public 
hearing under Rule .0307(e) of this Section, 
the Director shall: 

(i) send the draft permit to public hearing 
within 45 days after approving the 
request for the public hearing; and 

(ii) complete the review of the record and 
take final action on the permit within 
30 days after the close of the public 
hearing. 

(2) for permit applications for prevention of significant 
deterioration under 15 A NCAC 2D .0530, the 
processing schedules are set out in those Rules. 

(3) for case-by-case maximum achievable control 
technology under 15 A NCAC 2D .110 9: .1109 or 
.1112: 

(A) The Division shall send written 
acknowledgment of receipt of the permit 
application to the applicant within 10 days of 
receipt of the application. 

(B) The Division shall review all permit 
applications within 45 days of receipt of the 
application to determine whether the 
application is complete or incomplete for 
processing purposes. The Division shall 
notify the applicant by letter: 

(i) stating that the application as 

submitted is complete and specifying 

the completeness date, 

(ii) stating that the application is 

incomplete, requesting additional 

information and specifying the 

deadline date by which the requested 

information is to be received by the 

Division, or 

(iii) stating that the application is 

incomplete and that the applicant 

rewrite and resubmit the application. 

If the Division does not notify the applicant 

by letter dated within 45 days of receipt of 

the application that the application is 

incomplete, the application shall be deemed 



complete. A completeness determination 
shall not prevent the Director from 
requesting additional information at a later 
date when such information is considered 
necessary to properly evaluate the source, its 
air pollution abatement equipment, or the 
facility. If the applicant has not provided the 
requested additional information by the 
deadline specified in the letter requesting 
additional information, the Director may 
return the application to the applicant as 
incomplete. The applicant may request a 
time extension for submittal of the requested 
additional information. 

(C) The Division shall determine within 60 days 
of receipt of a complete application if any 
additional information is needed to conduct 
the technical review of the application. A 
technical completeness determination shall 
not prevent the Director from requesting 
additional information at a later date when 
such information is considered necessary to 
properly evaluate the source, its air pollution 
abatement equipment or the facility. The 
Division shall complete the technical review 
within 120 days of receipt of a complete 
application or 10 days after receipt of 
requested additional information, whichever 
is later. 

(D) The Director shall: 

(i) send the draft permit to public notice 
within 120 days after receipt of a 
complete application or 10 days after 
receipt of requested additional 
information, whichever is later; and 
(ii) complete the review of the record and 
take final action on the permit within 
30 days after the close of the public 
comment period. 

(E) If the draft permit is required to go to public 
hearing as a result of a request for public 
hearing under Rule .0307(e) of this Section, 
the Director shall: 

(i) send the draft permit to public hearing 
within 45 days after approving the 
request for the public hearing; and 
(ii) complete the review of the record and 
take final action on the permit within 
30 days after the close of the public 
hearing. 
(4) requests for synthetic minor facility status before 
one year after EPA approves Section .0500 of this 
Subchapter shall be acted on within one year after 
EPA approves Section .0500 of this Subchapter, 
(b) The days that fall between the sending out a letter 
requesting additional information and receiving that additional 



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682 



PROPOSED RULES 



information shall not be counted in the schedules under 
Paragraph (a) of this Rule. 

(c) The Director may return at any time applications 
containing insufficient information to complete the review. 

Authorin G.S. 143-21 5. 3(a)(1); 143-215.108. 

SECTION .0500 - TITLE V PROCEDURES 

.0501 PURPOSE OF SECTION AND 

REQUIREMENT FOR A PERMIT 

(a) The purpose of this Section is to establish an air quality 
permitting program as required under Title V and 40 CFR 
Part 70. 

(b) The procedures and requirements under this Section do 
not apply until EPA approves this Section. 

(c) With the exception in Paragraph (d) of this Rule, the 
owner or operator of an existing facility, new facility, or 
modification of an existing facility (except for minor 
modifications under Rule .0515 of this Section), including 
significant modifications that would not contravene or conflict 
with a condition in the existing permit, subject to the 
requirements of this Section shall not begm construction 
without first obtaining: 

(1) a construction and operation permit following the 
procedures imder this Section (except for Rule 
.0504), or 

(2) a construction and operation permit following the 
procedures under Rule .0504 and filing a complete 
application within 12 months after commencing 
operation to modify the construction and operation 
permit to meet the requirements of this Section. 

(d) If the permittee proposes to make a significant 
modification under Rule .0516 of this Section that would 
contravene or conflict with a condition in the existing permit, 
he shall not begin construction or make the modification until 
he has obtained: 

(1) a construction and operation permit following the 
procedures under this Section (except for Rule 
.0504 of this Section); or 

(2) a construction and operation permit following the 
procedures under Rule .0504 of this Section and, 
before beginning operation, files an application and 
obtains a permit modifying the construction and 
operation permit to meet the requirements of this 
Section (except for Rule .0504 of this Section). 

(e) All facilities subject to this Section must have a permit 
to operate that assures compliance with 40 CFR Part 70 and 
all applicable requirements. 

(f) Except as allowed under Rule .0515 (minor 
modifications) of this Section, no facility subject to the 
requirements of this Section may operate after the time that it 
is required to submit a timely and complete application under 
this Section except in compliance with a permit issued under 
this Section. This Paragraph does not apply to initial 
submittals under Rule .0506 of this Section or to permit 
renewals under Rule .0513 of this Section. 



(g) If the conditions of Rule .0512(b) (application shield) 
of this Section are met, the facility's failure to have a permit 
under this Section shall not be a violation. 

(h) If the owner or operator of a facility subject to the 
requirements of this Section submits an application for a 
revision to his permit before receiving the initial permit under 
this Section, the application for the revision shall be 
processed under Section .0300 of this Subchapter. 

(i) The owner or operator of a facility or source subject to 
the requirements of this Section may also be subject to the 
toxic air pollutant procedures under 15 A NCAC 211 .0610. 
20 .0700. 

(j) The owner or operator of an affected unit subject to the 
acid rain program requirements of Title IV is also subject to 
the procedures under Section .0400 of this Subchapter. 

(k) The owner or operator of a facility subject to the 
requirements of this Section shall pay permit fees in 
accordance with the requirements of Section .0200 of this 
Subchapter. 



Authority G.S. 
143-215.108. 



143-21 5. 3 (a)(1): 143-215. 107(a)(10); 



.0527 112(g) CASE-BY-CASE MACT PROCEDURES 

(a) Applicability. The owner or operator of a source 
required to apply maximum achievable control technology 
(MACT) under 15A NCAC 2D . 1 1 12 shall follow the permit 
procedures set out in this Rule. 

(b) Construction prohibition. After July J_^ 1998 a person 
shall not begin actual construction or reconstruction of a 
major source of hazardous air pollutants unless: 

( 1) The major source has been specifically regulated or 
exempted from regulation under: 

(A) 15A NCAC 2D .1109 or .1111, or 

(B) a standard issued pursuant to Section 1 12(d). 
112(h), or 112(j) of the federal Clean Air 
Act under 40 CFR Part 63, 

and the owner and operator has fully complied with 
all procedures and requirements for preconstruction 
review established by that standard, including any 
applicable requirements set forth in 40 CFR Part 
63, Subpart A; or 

(2) The Division has made a final and effective case- 
by-case determination under 15A NCAC 2D .1 112 
such that emissions from the constructed or 
reconstructed major source will be controlled to a 
level no less stringent than the maximum achievable 
control technology emission limitation for new 
sources. 

(c) Requirements for constructed and reconstructed major 
sources. When a case-bv-case determination of MACT is 
required b^ 15A NCAC 2D .1112, the owner and operator 
shall submit a permit application to tlie Division and the 
Division shall process the application following the 
procedures of Rule .0501(c) of this Section. 

(d) Alternative operating scenarios. When applying for a 
permit, the owner or operator may request approval of case- 



683 



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12.8 






PROPOSED RULES 



by-case MACT determinations for alternative operating 
scenarios. Approval of such determinations satisfies the 
requirements of Section 112(g) of the federal Clean Air Act 
for each such scenario. 

(e) Application requirements for a case-bv-case MACT 
determination. The owner or operator of a source required to 
apply MACT under 15A NCAC 2D .1112 shall submit a 
permit application that contains all the information required 
under 40 CFR63.43fe). 

£f) Reporting to the EPA. Within 60 days of the issuance 
of a permit under this Section or Section .0300 of this 
Subchapter incorporating a MACT determination, the 
Director shall provide a copy of such permit to EPA, and 
shall provide a summary in a compatible electronic format for 
inclusion in the MACT data base. 



Authority G.S. 143-215. 3(a)(1); 143-21 5.1 07(a) (5), (10). 

SECTION .0700 - TOXIC AIR POLLUTANT 
PROCEDURES 

.0701 APPLICABILITY 

(a) With the exceptions in Rule .0702 of this Section, no 
person shall cause or allow any toxic air pollutant named in 
15A NCAC 2D .1104 to be emitted from any facility into the 
atmosphere at a rate that exceeds the applicable rate(s) in 
Rule .0711 of this Section without having received a permit to 
emit toxic air pollutants as follows: 

(1) new facilities according to Rule .0704 of this 
Section: 

(2) existing facilities according to Rule .0705 of this 
Section: 

(3) modifications according to Rule .0706 of this 
Section. 

(b) Within one year after promulgation of MACT 
standards for the industrial boilers, commercial/institutional 
boilers, process heaters, stationary combustion turbines and 
stationary internal combustion engines source categories 
under Section 112 £d} of the Clean Air Act that are applicable 
to combustion sources as defined in Rule .0703 of this 
Section, the Division shall assess such MACT standards to 
determine whether additional measures are necessary with 
respect to toxic air pollutant emissions from combustion 
sources. Upon completion of this determination, the Division 
shall proceed through normal rulemaking procedures, if 
necessary, to implement additional measures. 

Authority G.S. 143-21 5. 3(a)(1); 143-215.108; 143B-282: S.L. 
1989, c. 168, s. 45. 

.0702 EXEMPTIONS 

(a) A permit to emit toxic air pollutants shall not be 
required under this Section for: 

(1 ) residential wood stoves, heaters, or fireplaces: 

(2) hot water heaters that are used for domestic 
purposes only and are not used to heat process 



(51 

16) 
01 



water: 

£3} maintenance, structural changes, or repairs that do 
not change capacity of that process, fuel-burning, 
refuse-burning, or control equipment, and do not 
involve any change in quality or nature or increase 
in quantity of emission of any regulated air 
pollutant or toxic air pollutant: 

(4) housekeeping activities or building maintenance 
procedures. including painting buildings, 
resurfacing floors, roof repair, washing, portable 
vacuum cleaners, sweeping, use and associated 
storage of janitorial products, or non-asbestos 
bearing insulation removal: 

use of office supplies, supplies to maintain copying 
equipment, or blueprint machines: 
paving parking lots: 

replacement of existing equipment with equipment 
of the same size, type, and function that does not 
result in an increase to the actual or potential 
emissions of any regulated air pollutant or toxic air 
pollutant and that does not affect compliance status 
and, with replacement that fits the description of 
the existing equipment in the permit, including the 
application, such that the replacement equipment 
can be operated under that permit without any 
changes to the permit: 

(8) comfort air conditioning or comfort ventilation 
systems that does not transport, remove, or exhaust 
regulated air pollutants to the atmosphere: 

(9) equipment used for the preparation of food for 
direct on-site human consumption: 

(10) non-self-propelled non-road engines. except 
generators, regulated by rules adopted under Title 
11 of the federal Clean Air Act: 

(11) stacks or vents to prevent escape of sewer gases 
from domestic waste through plumbing traps: 

(12) use of fire fighting equipment: 

(13) the use for agricultural operations by a farmer of 
fertilizers, pesticides, or other agricultural 
chemicals containing one or more of the compounds 
listed in 15A NCAC 2D .1104 if such compounds 
are applied according to agronomic practices 
acceptable tiO the North Carolina Department of 
Agriculture and the Commission: 

(14) asbestos demolition and renovation projects that 
comply with 15A NCAC 2D .1111 and tliat are 
being done by persons accredited by the 
Department of Environment. Health, and Natural 
Resources under the Asbestos Hazard Emergency 
Response Act: 

(15) farm and get incinerators used only to dispose of 
dead animals as identified in 15A NCAC 2D 
.1201(d) and (e): 

(16) refrigeration equipment that is consistent with 
Section 601 through 618 of Title VI (Stratospheric 
Ozone Protection) of the federal Clean Air Act. 40 



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October 15, 1997 



684 



PROPOSED RULES 



m 



iC] 



m 



CFR Pan 82. and any other regulations 
promulgated by EPA under Title VI for 
stratospheric ozone protection, except those units 
used as or with air pollution control equipment: 
17) laboratory activities: 

(A) bench-scale. on-site equipment used 
exclusively for chemical or physical analysis 
for qualirv control purposes, staff instruction, 
water or wastewater analyses, or non- 
production environmental compliance 
assessments: 

bench scale experimentation, chemical or 
physical analyses, training or instruction 
from nonprofit, non-production educational 
laboratories: 

bench scale experimentation, chemical or 
physical analyses, training or instruction 
from hospital or health laboratories pursuant 
to the determination or diagnoses of 
illnesses: and 

research and development laboratory 
activities that are not required to be 
permitted under Section .0500 of this 
Subchapter provided the activity produces no 
commercial product or feedstock material: 

(18) combustion sources: 

(19) storage tanks used only to store: 

(A) inorganic liquids with a true vapor pressure 
less than 1.5 pounds per square inch 
absolute: 

(B) fuel oils, kerosene, diesel. crude oil, used 
motor oil, lubricants, cooling oils, natural 
gas, liquefied petroleum gas, or petroleum 
products with a true vapor pressure less than 
1.5 pounds per square inch absolute: 

(20) dispensing equipment used solely to dispense diesel 
fuel, kerosene, lubricants or cooling oils: 

(21) portable solvent distillation systems that are 
exempted under 15A NCAC 20 .0102(b)(l)(I): 

(22) processes: 

(A) small electric motor burn-out ovens with 
secondary combustion chambers or 
afterburners: 

small electric motor bake-on ovens: 
burn-off ovens for paint-line hangers with 
afterburners: 

hosier,' knitting machines and associated lint 
screens, hosiery dr\ers and associated lint 
screens, and hosiery dyeing processes where 
bleach or solvent dyes are not used: 
blade wood planers planing only green wood: 
saw mills that saw no more than 2.000.Q(K) 
board feel per year provided only green 
wood is sawed: 

perchloroethylene drycleaning processes with 
12-month rolling average consumption of: 
ill less than 1366 gallons of 



mi 
m 



(£1 
lEi 



iG] 



perchloroethylene per year for 
facilities with dry-to-dry machines 
only: 

(ii) less than 1171 gallons of 
perchloroethylene per year for 
facilities with transfer machines only: 
or 

(iii) less than 1 171 gallons of 
perchloroethylene per year for 
facilities with both transfer and dry-to- 
dry machines: 

(23) gasoline dispensing facilities or gasoline service 
station operations that comply with 15A NCAC 2D 
■0928 and .0932 and that receive gasoline from 
bulk gasoline plants or bulk gasoline terminals that 
comply with 15A NCAC 2D .0524. .0925. .0926. 
.0927. .0932. and .0933 via tank trucks that comply 
with 15A NCAC 2D .0932: 

(24) the use of ethylene oxide as a sterilant in the 
production and subsequent storage of medical 
devices or the packaging and subsequent storage of 
medical devices for sale if the emissions from all 
new and existing sources at the facility described in 
15A NCAC 2D .0538(d) are controlled at least to 
the degree described in I5A NCAC 2D .0538(d) 
and the facility complies with 15A NCAC 2D 
.0538(e) and (f): 

(25) bulk gasoline plants, including the storage and 
handling of fuel oils, kerosenes, and jet fuels but 
excluding the storage and handling of other organic 
liquids, that comply with 15A NCAC 2D .0524. 
.0925. .0926. .0932. and .0933: unless the Director 
finds that a permit to emit toxic air pollutants is 
required under this Section for a particular bulk 
gasoline plant: or 

(26) bulk gasoline terminals, including the storage and 
handling of fuel oils, kerosenes, and jet fuels but 
excluding the storage and handling of other organic 
liquids, that comply with 15A NCAC 2D .0524. 
.0925. .0927. .0932. and .0933 if the bulk gasoline 
terminal existed before November L. 1992: unless: 

(A) the Director finds that a permit to emit toxic 
air pollutants is required under this Section 
for a particular bulk gasoline terminal, or 

(B) the owner or operator of the bulk gasoline 
terminal meets the requirements of 15A 
NCAC 2D .0927(1): 

(b) Emissions from the activities identified Subparagraphs 
(a)(23) through (a)(26) of this Rule shall be included jn 
determining compliance with the toxic air pollutant 
requirements in tliis Section and shall be included in the 
permit if necessary to assure compliance. 

(c) The addition or modification of an activity identified in 
Paragraph (a) of this Rule shall not cause the source or 
facility to be evaluated for emissions of toxic air pollutants. 

(d) Because an activity is exempted from being required to 
have a permit does not mean that the activity is exempted 



685 



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October 15, 1997 



12:8 



PROPOSED RULES 



from any applicable requirement or that the owner or 
operator of the source is exempted from demonstrating 
compliance with any applicable requirement. 

Authority G.S. 143-2 15. 3 (a)(1); 143-215.108; 143B-282; S.L. 
1989. c. 168, s. 45. 

.0703 DEFINITIONS 

For the purposes of this Section, the following definitions 
a pply: 

n) "Actual rate of emissions" means: 

(a) for existing sources: 

(ii for toxic air pollutants with an aimual 
averaging period, the average rate or 
rates at which the source actually 
emitted the pollutant during the two- 
year period preceding the date of the 
particular modification and that 
represents normal operation of the 
source. If this period does not 
represent normal operation, the 
Director may allow the use of a 
different, more representative . period. 

(ii) for toxic air pollutants with a 24-hour 
or one-hour averaging period, the 
maximum actual emission rate at 
which the source actually emitted for 
the a pplicable averaging period during 
the two-year period preceding the date 
of the particular modification and that 
represents normal operation of the 
source. If this period does not 
represent normal operation, the 
Director may require or allow the use 
of a different, more representative, 
period. 

(b) for new or modified sources, the average 
rate or rates, determined for the a pplicable 
averaging period(s). that the proposed source 
will actually emit the pollutant as determined 
by engineering evaluation. 

£2} "Applicable averaging period" means the averaging 
period for which an acceptable ambient limit has 
been established by the Commission and is listed in 
15ANCAC 2D .1104. 
"CAS Number" means the Chemical Abstract 



£3} 



£4} 



rate at QO) 



im 



£5j 



Service registry number identifying a particular 

substance. 

"Combustion sources" means boilers, space 

heaters, process heaters, internal combustion 

engines, and combustion turbines, which burn only 

unadulterated wood or unadulterated fossil fuel. U 

does not include incinerators, waste combustors. 

kilns, dryers, or direct heat exchange industrial 

processes. 

"Creditable emissions" means actual decreased 



emissions that have not been previously relied on to 
comply with Subchapter 15A NCAC 2D. All 
creditable emissions shall be enforceable by permit 
condition. 

(6) "Cresol" means o-cresol. p-cresol. m-cresol. or any 
combination of these compounds. 

(7) "Evaluation" means: 

(a) a determination that the emissions from the 
facility, including emissions from sources 
exempted by Rule .Q702(aK23) through (26) 
of this Section, are less than the rate listed in 
Rule .0711 of this Section: or 

(b) a determination of ambient air concentrations 
as described under 15A NCAC 2D .1106. 
including emissions from sources exempted 
by Rule .0702(23) through (26) of this 
Section. 

(8) "GACT" means any generally available control 
technology emission standard applied to an area 
source or facility pursuant to Section 112 of the 
federal Clean Air Act. 

(9) "Hexane isomers except n-hexane" means 2-methyl 
pentane. 3-methyl pentane. 2.2-dimethyl butane. 
2.3-dimethyl butane, or any combination of these 
compounds. 

"MACT" means any maximum achievable control 
technology emission standard applied to a source or 
facility pursuant to Section 112 federal Clean Air 
Act. 

"Maximum feasible control" means the maximum 
degree of reduction for each pollutant subject to 
regulation under this Section using the best 
technology that is available taking into account, on 
a case-by-case basis, human health, energy, 
enviroimiental. and economic impacts and other 
costs. 

(12) "Modification" means any physical changes or 
changes in the methods of operation that result in a 
net increase in emissions or ambient concentration 
of any pollutant listed in Rule .0711 of this Section 
or that result in the emission of any pollutant listed 
in Rule .0711 of this Section not previously 
emitted. 

(13) "Net increase in emissions" means for a 
modification the sum of any increases in permitted 
allowable and decreases in the actual rates of 
emissions from the proposed modification from the 
sources at the facility for which the air permit 
application is being filed. If tjie net increase in 
emissions from the proposed modification is greater 
than zero, al] other increases in permitted allowable 
and decreases in tlie actual rates of emissions at the 
facility within five years immediately preceding the 
filing of the ail permit application for the proposed 
modification that are otherwise creditable emissions 
may be included. 



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686 



PROPOSED RULES 



(14) "Polychlorinated biphenvls" means any chlorinated 
biphenvl compound or mixmre of chlorinated 
biphenvl compounds. 

(15) "Pollution prevention plan" means a written 
description of current and projected plans to 
reduce, prevent, or minimize the generation of 
pollutants by source reduction and recycling and 
includes a site-wide assessment of pollution 
prevention opportunities at a facilitv that addresses 
sources of air pollution, water pollution, and solid 
and hazardous waste generation. 

(16) "SIC" means standard industrial classification code. 

(17) "Toxic air pollutant" means any of those 
carcinogens, chronic toxicants, acute systemic 
toxicants, or acute irritants listed in 15A NCAC 2D 
.1104. 

(18) "Unadulterated wood" means wood that is not 
painted, varnished, stained, oiled, waxed, or 
otherwise coated or treated with any chemical. 
Plywood, particle board, and resinated wood are 
not unadulterated wood. 

Authority G.S. 143-215. 3(a)(1); 143-215.108: 143B-282: S.L. 
1989, c. 168. s. 45. 

.0704 NEW FACILITIES 

(a) This Rule applies only to facilities that begin 
construction after September 30. 1993. 

(b) The owner or operator of a facility that: 

( 1) is required to have a permit because of applicability 
of a Section in Subchapter 2D of tins Chapter other 
than Section .1 100 of Subchapter 2D of this 
Chapter except for facilities whose emissions of 
toxic air pollutants result only from sources 
exempted under Rule .0102 of this Subchapter: 

(2) has one or more sources subject to a MACT or 
GACT standard that has previously been 
promulgated under Section 112(d) of the federal 
Clean Air Act or established under Section 112(e) 
or 1 1 2(j ) of the Clean Air Act: or 

(3) has a standard industrial classification code that has 
previously been called under Rule .0705 of this 
Section: 

shall have received a permit to emit toxic air pollutants before 
beginning construction, and shall comply with such permit 
when beginning operation. 

(c) The owner or operator of a facility subject to this Rule 
who has not received a permit to emit toxic air pollutants 
under Paragraph (b) of this Rule shall apply for a permit to 
emit toxic air pollutants according to Paragraph (b) or (c) of 
Rule .0705 of this Section. 

Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282; S.L. 
1989, c. 168, s. 45. 

.0705 EXISTING FACILITIES AND SIC CALLS 

(a) This Rule applies only to facilities that were in 



operation or permitted to construct before October f, 1993 
and new facilities subject to Rule .0704 (c) of this Section. 

(b) For sources at a facility subject to a MACT or GACT 
standard, or that may be subject to a MACT or GACT 
standard based on studies required by Section 112 (n)(l) of 
the Clean Air Act. 42 U.S.C. Section 7412 (n)(l). the owner 
or operator of tlie facility shall comply with 15A NCAC 2D 
.1100 as follows: 

(1) When the owner or operator submits a permit 
application to comply with the last MACT or 
GACT. excluding tlie MACT or GACT for 
combustion sources, known to apply to tlie facility. 
he shall also submit a permit application to comply 
with 15A NCAC 2D .1100. The facility shall 
comply with 15A NCAC 2D .1100 by the same 
deadline that it is required to comply with the last 
MACT or GACT. 

(2) If tlie owner or operator does not have to submit a 
permit application to comply with the last MACT 
or GACT. excluding tlie MACT or GACT for 
combustion sources, he shall submit a permit 
application to comply with 15A NCAC 2D .1100 
within six months after the promulgation of the last 
MACT or GACT. excluding the MACT or GACT 
for combustion sources, known to applv to the 
facility or by January L, 1999. whichever is later. 
The facility shall comply with 15A NCAC 2D 
.1100 by the same deadline that it is required to 
comply with the last MACT or GACT. 
If the owner or operator submitted a permit 
application for the last MACT or GACT. excluding 
the MACT or GACT for combustion sources. 
known to apply to tlie facility before July f, 1998. 



£3} if the 



he shall submit a permit application to comply with 

15A NCAC 2D .1100 by January i, 1999. The 

facility shall comply with 15A NCAC 2D .1100 

within three years from the date that the permit is 

issued. 

The permit application shall include an evaluation for all toxic 

air pollutants covered under 15A NCAC 2D .1104 for all 

sources at the facility, excluding those sources exempt from 

evaluation under Rule .0702 of tins Section. The owner or 

operator of a facility whose actual rate of emissions from all 

sources are not greater than the toxic permitting emissions 

rates listed in Rule .0711 of this Section does not have to file 

a permit application to comply with 15A NCAC 2D .1 100. 

He shall provide documentation that the facility's emissions of 

toxic air pollutants are below the levels in Rule .0711 of this 

Section if the Director requests this documentation. 

(c> For facilities that will not be subject to a MACT or 
GACT standard, or that will be subject only to a MACT or 
GACT standard for unadulterated fuel combustion sources, 
the owner or operator of tlie facility shall have 180 days to 
apply for a permit or permit modification for the emissions of 
toxic air pollutants after receiving written notification from 
the Director that such permit or permit modification is 
required. The permit application shall include an evaluation 



687 



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12:8 






PROPOSED RULES 



for all toxic air pollutants covered under 15A NCAC 2D 
.1104 for all sources at the facility, excluding sources exempt 
from evaluation in Rule .0702 of this Section. Such facilities 
shall comply with 15A NCAC 2D .1100 within three years 
from the date that the permit is issued. The Director shall 
notify facilities subject to this Paragraph by calling for permit 
applications based on standard industrial classifications, that 
is^ the Director shall call at one time for permits for aU 
facilities statewide that have the same four-digit standard 
industrial classification code, except those facilities in 
certified local air pollution control agency areas. (Local air 
pollution control agencies shall call the standard industrial 
classification code within their jurisdiction when the Director 
calls that code. A local air pollution control agency may call 
a particular standard industrial classification code before the 
Director calls that code if the Commission approves the call 
bx the local air pollution control agency.) Facilities with 
sources that will be subject to MACT that receive an SIC call 
shall notify the Director and shall comply with 2D .1100 in 
accordance with Paragraph (b) of this Rule. All sources, 
regardless of their standard industrial classification code, 
excluding sources exempt from evaluation in Rule .0702 of 
this Section, at the facility shall be included in the call for 
permit applications. When the Environmental Protection 
Agency (EPA) promulgates MACT under Section 112(e) of 
the federal Clean Air Act, excluding cooling towers, the 
Director shall notify the owners or operators of facilities in 
the standard industrial classification that best corresponds to 
the MACT category that they are required to submit a permit 
application for the emissions of toxic air pollutants from their 
facilities. If the EPA fails to promulgate a MACT as 
scheduled, the Director shall notify the owners or operators 
of facilities 18 months after the missed promulgation date that 
they are required to submit a permit application for the 
emissions of toxic air pollutants from their facilities. The 
owner or operator of a facility whose actual rate of emissions 
from all sources are not greater than the toxic permitting 
emissions rates listed in Rule .0711 of this Section does not 
have to file a permit application to comply with 15A NCAC 
2D .1100. He shall provide documentation that the facility's 
emissions of toxic air pollutants are below the levels in Rule 
.0711 of this Section if the Director requests this 
documentation. 

(d) The owner or operator of a facility may request a 
permit to emit toxic air pollutants any time before such 
application is required. The permit application shall include 
an evaluation for all toxic air pollutants covered under 15A 
NCAC 2D .1104 for all sources at the facility, excluding 
sources exempt from evaluation in Rule .0702 of this Section. 

Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282; S.L. 
1989. c. 168, s. 45. 



.0706 MODIFICATIONS 

(a) For modification of an^ facility undertaken after 
September 30. 1993. that: 



(1) is required to have a permit because of a pplicability 
of a Section in Subchapter 2D of this Chapter other 
than Section .1100 of Subchapter 2D of this 
Chapter except for facilities whose emissions of 
toxic air pollutants result only from sources 
exempted under Rule .0102 of this Subchapter: 

(2) has one or more sources subject to a MACT or 
GACT standard that has previously been 
promulgated under Section 112(d) of the federal 
Clean Air Act or established under Section 112(e) 
or 112(j) of the Clean Air Act: or 

(3) has a standard industrial classification code that has 
previously been called under Rule .0705 of this 
Section: 

the owner or operator of the facility shall comply with 
Paragraphs (b) and (c) of this Rule. 

(b) The owner or operator of the facility shall submit a 
permit a pplication to comply with 15A NCAC 2D .1100 if 

(1) The modification results in: 

(A) a net increase in emissions of any toxic air 
pollutant that the facility was emitting before 
the modification: or 

(B) emissions of any toxic air pollutant that the 
facility was not emitting before the 
modification if such emissions exceed the 
levels contained in Rule .0711 of this 
Section: or 

(2) The Director finds that the modification of the 
facility will significantly increase the risk to human 
health posed by the facility. The Director shall 
provide the findings to the owner or operator of the 
facility. The Director may require the owner or 
operator of a facility subject to this Subparagraph to 
provide a satisfactory evaluation showing what the 
resultant emissions and increase of risk to human 
health from the modified facility will be. 

(c) The permit application filed pursuant to tins Rule shall 
include an evaluation for aU toxic air pollutants covered under 
15A NCAC 2D . 1 104 for which there is: 

(1) a net increase in emissions of any toxic air pollutant 
that the facility was emitting before the 
modification: and 

(2) emission of any toxic air pollutant that the facility 
was not emitting before the modification if such 
emissions exceed the levels contained in Rule .0711 
of this Section. 

All sources at the facility, excluding sources exempt from 
evaluation in Rule .0702 of this Section, emitting these toxic 
air pollutants shall be included in the evaluation. A permit 
application filed pursuant to Subparagraph (b)(2) of this Rule 
shall include an evaluation for aU toxic air pollutants 
identified by the Director as significantly increasing the risk 
to human health. 

Authority G.S. 143-21 5. 3 (a)(1); 143-215.108; 143B-282; S.L. 
1989, c. 168, s. 45. 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



688 



PROPOSED RULES 



.QlQl PREVIOUSLY PERMITTED FACILITIES 

(a) A facility that received a permit to emit toxic air 
pollutants before October J^ 1993. shall continue to operate 
under the terms of that permit. The emissions of toxic air 
pollutants resulting from the subsequent modification of the 
facility shall be regulated pursuant to Rule .0706 of this 
Section. 

(b) A facility that has received a permit to emit toxic air 
pollutants before October \^ 1993. that is operating under a 
compliance schedule previously approved by the Director, 
and that will be subject to a MACT or GACT standard shall 
comply with the terms of that compliance schedule unless the 
owner or operator of the facility demonstrates to the 
satisfaction of the Director that compliance requires 
substantial capital expenditures that may be rendered 
unnecessary when MACT or GACT is applied. Where such 
a demonstration is made, the owner or operator of the facility 
shall submit a permit application to comply with 15A NCAC 
2D . 1 100 according to Rules .0705 or .0706 of this Section. 

Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282; S.L. 
1989. c. 168, s. 45. 

.0708 COMPLIANCE SCHEDULE FOR 

PREVIOUSLY UNKNOWN TOXIC AIR 
POLLUTANT EMISSIONS 

(a) The owner or operator of a facility permitted to emit 
toxic air pollutants shall submit a permit application within 
six months after the owner or operator learns ot' an emission 
of a previously unknown toxic air pollutant from a permitted 
source that would have been included in the permit when it 
was issued. The application shall include the information 
required by Paragraph (b) of this Rule. 

(b) When an application to revise a permit is submitted 
under this Rule, the owner or operator shall in addition to the 
application, submit to the Director: 

(1) m evaluation for the pollutant according to this 
Section and Section 2D .1100 that demonstrates 
compliance with the acceptable ambient level in 
15A NCAC 2D .1104: or 

(2) a compliance schedule containing the information 
required under Paragraph (c) of this Rule for the 
proposed modifications to the facility required to 
comply with the acceptable ambient level according 
to this Section and Section 15A NCAC 20 . 1 100. 

(c) The compliance schedule required under Subparagraph 
(b)(2) of this Rule shall contain the following increments of 
progress as applicable: 

(1) a date by which contracts for emission control and 
process equipment shall be awarded or orders shall 
be issued for the purchase of component parts: 

(2) a date by which on-site construction or installation 
of the emission control and process equipment shall 
begin: 

(3) a date by which on-site construction or installation 
of the emission control and process equipment shall 



final compliance shall be 



be completed: and 
(4) the date by which 
achieved. 

(d) Final compliance shall be achieved no later than: 

(1) six months after the permit modification or renewal 
is issued if construction or installation of emission 
control or process equipment is not required: or 

(2) one year after the permit modification or renewal is 
issued if construction or installation of emission 
control or process equipment is required: or 

(3) the time that is normally required to construct a 
stack or install other dispersion enhancement 
modifications but not more than one year after the 
permit modification or renewal is issued: or 

(4) the time established pursuant to Director's approval 
of a case by case request for an extension. 

(e) The owner or operator shall certify to the Director 
within ten days after each applicable deadline for each 
increment of progress required under Paragraph £cj of this 
Rule whether the required increment of progress has been 
met. 

Authority G.S. 143-215. 3(a)(1): 43-215. 107(a)(3). (5); 143B- 
282; S.L. 1989, c. 168, s. 45. 

.0709 DEMONSTRATIONS 

(a) Demonstrations. The owner or operator of a source 
who is applying for a permit or permit modification to emit 
toxic air pollutants shall: 

(1) demonstrate to the satisfaction of the Director 
through dispersion modeling that the emissions of 
toxic air pollutants from the facility will not cause 
any acceptable ambient level listed in 15A NCAC 
2D .1104 to be exceeded beyond the premises 
(adjacent property boundary): or 

(2) demonstrate to tlie satisfaction of the Commission 
or its delegate that the ambient concentration 
beyond the premises (adjacent property boundary) 
for the subject toxic air pollutant will not adversely 
affect human health (e.g.. a risk assessment 
specific to tlie facility) though the concentration is 
higher than the acceptable ambient level in 15A 
NCAC 2D .1104 by providing one of the following 
demonstrations: 

(A) the area where the ambient concentrations 
are expected to exceed the acceptable 
ambient levels in 15A NCAC 2D .1104 is 
not inhabitable or occupied for the duration 
of the averaging time of tlie pollutant of 
concern, or 

(B) new toxicological data that show that the 
acceptable ambient level in 15A NCAC 2D 
. 1 104 for the pollutant of concern is too low 
and the facility's ambient impact is below the 
level indicated by tlie new toxicological data. 

(b) Technical Infeasibility and Economic Hardship. This 
Paragraph shall not apply to any incinerator covered under 



689 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



15A NCAC 2D .1200. The owner or operator of any source 
constructed before May L, 1990. or a perchloroethvlene dry 
cleaning facility subject to a GACT standard under 40 CFR 
63.320 through 63.325 who cannot supply a demonstration 
described in Paragraph (a) of this Rule shall: 

(1) demonstrate to the satisfaction of ±e Commission 
or its delegate that complying with the guidelines in 
15A NCAC 2D .1104 is technically infeasible (the 
technology necessary to reduce emissions to a leyel 
to preyent the acceptable ambient levels in 15A 
NCAC 2D .1104 from being exceeded does not 
exist); or 

(2) demonstrate to the satisfaction of the Commission 
or its delegate that complying with the guidelines in 
15A NCAC 2D .1104 would result in serious 
economic hardship. 

If the owner or operator makes a demonstration to the 
satisfaction of the Commission or its delegate pursuant to 
Subparagraphs ( 1 ) or 12} of this Paragraph, the Director shall 
require the owner or operator of tlie source to apply 
maximum feasible control. Maximum feasible control shall 
be in place and operating within three years from the date that 
the permit is issued for the maximum feasible control. 

(c) Pollution Preyention Plan. The owner or operator of 
any facility using the proyisions of Part (a)(2)(A) or 
Paragraph (b) of tliis Rule shall develop and implement a 
pollution prevention plan consisting of tlie following 
minimum elements: 

(1) statement of corporate and facility commitment to 
pollution prevention: 

(2) identification of current and past pollution 
preyention activities: 

(3) timeline and strategy for implementation: 

(4) description of ongoing and planned employee 
education efforts: 

(5) identification of internal pollution prevention goal 
selected by the facility and expressed in either 
qualitative or quantitative terms. 

The facility shall submit along with the permit application the 
pollution prevention plan. The pollution prevention plan shall 
be maintained on site. A progress report on implementation 
of the plan shall be prepared by the facility annually and be 
made available to Division personnel for review upon request. 

(d) Modeling Demonstration. If the owner or operator of 
a facility demonstrates by modeling that no toxic air pollutant 
emitted from the facility exceeds the acceptable ambient level 
values given in 15A NCAC 2D .1104 beyond the facility's 
premises, further modeling demonstration is not required with 
the permit application. However, the Commission may still 
require more stringent emission levels according to its 
analysis under 15A NCAC 2D . 1 107. 

Authority G.S. 143-21 5.3(a)(1); 143-215.108; 143B-282; S.L. 
1989, c. 168, s. 45. 



PUBLIC HEARING 

(a) If the owner or operator of a facility chooses to make a 
demonstration pursuant to Rule .0709 (a)(2) or (b) of this 
Section, the Commission or its delegate shall approve or 
disapprove the permit after a public notice with an 
opportunity for a public hearing. 

(b) The public notice shall be given by publication in a 
newspaper of general circulation in the area where the facility 
is located and shall be mailed to persons who are on the 
Division's mailing list for air quality permit notices. 

(c) The public notice shall identify: 

(1) the affected facility: 

(2) the name and address of the permittee: 

(3) the name and address of the person to whom to 
send comments and requests for public hearing: 

(4) the name, address, and telephone number of a 
Divisional staff person from whom interested 
persons may obtain additional information, 
including copies of the draft permit, the application, 
compliance plan, pollution prevention plan, 
monitoring and compliance reports, all other 
relevant supporting materials, and all other 
materials available to the Division that are relevant 
to the permit decision: 

(5) the activity or activities involved in the permit 
action: 

(6) any emissions change involved in any permit 
modification: 

(7) a brief description of the public comment 
procedures: 

(8) the procedures to follow to request a public hearing 
unless a public hearing has already been scheduled: 
and 

(9) the time and place of any hearing that has already 
been scheduled. 

(d) The notice shall allow at least 30 days for public 
comments. 

(e) If the Director determines that significant public 
interest exists or that the public interest will be served, the 
Director shall require a pubic hearing to be held on a draft 
permit. Notice of a public hearing shall be given at least 30 
days before the public hearing. 

(f) The Director shall make available for public inspection 
in at least one location in the region affected, the information 
submitted by the permit applicant and the Division's analysis 
of that application. 

(g) Any persons requesting copies of material identified in 
Subparagraph (b)(4) of this Rule shall pay ten cents ($0.10) a 
page for each page copied. Confidential material shall be 
handled in accordance with Rule .0107 of this Subchapter. 

Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282; S.L. 
1989, c. 168, s. 45. 



.0710 PUBLIC NOTICE AND OPPORTUNITY FOR 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



690 



PROPOSED RULES 



.071 1 EMISSION RATES REQUIRING A PERMIT 

A permit to emit toxic air pollutants shall be required for any facilit>' whose actual (or permitted if higher) rate of emissions 
from all sources are greater than ans one of the following toxic air pollutant permitting emissions rates: 



Pollutant (CAS Number) 


Carcinogens 

lb AT 


Chronic 
Toxicants 

Ib'dav 


Acute 
Systemic 
Toxicants 
Ibhr 


Acute Irritants 
Ib-Tir 


acetaldehvde (75-07-0) 








6.8 


acetic acid (64-19-7) 








0.96 


acrolein (107-02-8) 








0.02 


acpvlonitnle ( 107-13-1) 


10 








ammonia (7664-41-7) 








0.68 


ammonium chromate 
(7788-98-9) 




0.013 






ammonium dichromate 
(7789-09-5) 




0.013 






anilme (62-53-3) 






0.25 




arsenic and inorganic 
arsenic compounds 


0.016 








asbestos (1332-21-4) 


1.9 X 10" 








aziridme ( 151-56-4) 




0.13 






benzene (71-43-2) 


8.1 








benzidine and salts (92-87-5) 


0.0010 








benzo(a)p\rene (50-32-8) 


1 1 








benzvl chloride (100-44-7) 






0.13 




berv'llium (7440-41-7) 


0.28 








ben-llium chloride (7787-47-5) 


0.28 








ber\llium fluoride (7787-49-7) 


0.28 








ber^'llium nitrate ( 13597-99-4) 


0.28 








bis-chloromethvl ether (542-88-1 ) 


0.025 








bromine (7726-95-6) 








0.052 


1.3-butadiene (106-99-0) 


12 








cadmium (7440-43-9) 


0.37 








cadmium acetate (543-90-8) 


0.37 








cadmium bromide (7789-42-6) 


0.37 








calcium chromate ( 13765-19-0) 


0.0056 








carbon disulfide (75-15-0) 




3.9 






carbon tetrachloride (56-23-5) 


460 









( 



691 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



Pollutant (CAS Number) 


Carcinogens 
Ib/yr 


Chronic 
Toxicants 

lb/day 


Acute 
Systemic 
Toxicants 
Ib/hr 


Acute Irritants 
Ib/hr 


chlorine (7782-50-5) 




0.79 




0.23 


chlorobenzene (108-90-7) 




46 






chloroform (67-66-3) 


290 








chloroprene (126-99-8) 




9.2 


0.89 




chromic acid (7783-94-5) 




0.013 






chromium (vi) 


0.0056 








cresol (1319-77-3) 






0.56 




p-dichlorobenzene (106-46-7) 








16.8 


dichlorodifluoromethane 
(75-71-8) 




5200 






dichlorofluoromethane (75-43-4) 




10 






di(2-ethvlhexvl)phthalate 
(117-81-7) 




0.63 






dimethyl sulfate (77-78-1) 




0.063 






1.4-dioxane (123-91-1) 




12 






epichlorohvdrin( 106-89-8) 


5600 








ethyl acetate (141-78-6) 






36 




ethvlenediamine (107-15-3) 




6.3 


0.64 




ethylene dibromide (106-93-4) 


27 








ethylene dichloride (107-06-2) 


260 








ethylene glycol monoethyl ether 
(110-80-5) 




2J 


0.48 




ethylene oxide (75-21-8) 


1.8 








ethyl mercaptan (75-08-1) 






0.025 




fluorides 




0.34 


0.064 




formaldehyde (50-00-0) 








0.04 


hexachlorocvclopentadiene 
(77-47-4) 




0.013 


0.0025 




hexachlorodibenzo-p-dioxin 
(57653-85-7) 


0.0051 








n-hexane (110-54-3) 




23 






hexane isomers except n-hexane 








92 


hydrazine (302-01-2) 




0.013 






hydroaen chloride (7647-01-0) 








0.18 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



692 



PROPOSED RULES 



Pollutant (CAS Number) 


Carcinogens 
Ib/vr 


Chronic 
Toxicants 

Ib/dav 


Acute 
Systemic 
Toxicants 
Ib/hr 


Acute Irritants 
Ib/hr 


hydrogen cvanide (74-90-8) 




2.9 


0.28 




hvdroaen fluoride (7664-39-3) 




0.63 




0.064 


hvdro2en sulfide (7783-06-4) 








0.52 


maleic anhydride (108-31-6) 




0.25 


0.025 




manganese and compounds 




0.63 






mansanese cyclopentadienyl 
tricarbonyl (12079-65-1) 




0.013 






manganese tetroxide 
(1317-35-7) 




0.13 






mercury, alkyl 




0.0013 






mercup,', ar\l and inorganic 
compounds 




0.013 






mercury, yapor (7439-97-6) 




0.013 






methyl chloroform (71-55-6) 




250 




64 


methylene chloride (75-09-2) 


1600 




0.39 




methyl ethyl ketone (78-93-3) 




78 




22.4 


methyl isobutyl ketone 
(108-10-1) 




52 




7.6 


methvl mercaptan (74-93-1) 






0.013 




nickel carbonvl (13463-39-3) 




0.013 






nickel metal (7440-02-0) 




0.13 






nickel, soluble compounds, 
as nickel 




0.013 






nickel subsulfide( 12035-72-2) 


0.14 








nitric acid (7697-37-2) 








0.256 


nitrobenzene (98-95-3) 




1.3 


0.13 




N-nitrosodimethylamine 
(62-75-9) 


3.4 








pentachlorophenol (87-86-5) 




0.063 


0.0064 




perchloroethylene (127-18-4) 


13000 








phenol (108-95-2) 






0.24 




phosgene (75-44-5) 




0.052 






phosphine (7803-51-2) 








0.032 


poh'chlorinated biphenyls 
(1336-36-3) 


5.6 









i 



693 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



Pollutant (CAS Number) 


Carcinogens 
Ib/vr 


Chronic 
Toxicants 

Ib/dav 


Acute 
Svstemic 
Toxicants 
Ib/hr 


Acute Irritants 
Ib/hr 


potassium chromate (7789-00-6) 




0.013 






potassium dichromate 
(7778-50-9) 




0.013 






sodium chromate (7775-11-3) 




0.013 






sodium dichromate (10588-01-9) 




0.013 






strontium chromate (7789-06-2) 


0.0056 








stvrene (100-42-5) 






2.7 




sulfuric acid (7664-93-9) 




0.25 


0.025 




tetrachlorodibenzo-p-dioxin 
(1746-01-6) 


0.00020 








l.l,I.2-tetrachloro-2.2.- 
difluoroethane (76-1 1-9) 




1100 






1.1.2.2-tetrachloro-1.2- 
difluoroethane (76-12-0) 




1100 






1 . 1 .2.2-tetrachloroethane 
(79-34-5) 


430 








toluene (108-88-3) 




98 




14.4 


toluene diisocyanate,2,4-(584-84-9) 
and 2.6- (91-08-7) isomers 




0.003 






trichloroethvlene (79-01-6) 


4000 








trichlorofluoromethane (75-69-4) 




140 






1,1,2-trichloro- 1,2,2- 

trifluoroethane 

(76-13-1) 








240 


vinvl chloride (75-01-4) 


26 








vinvlidene chloride (75-35-4) 




2.5 






xylene (1330-20-7) 




57 




16.4 


zinc chromate (13530-65-9) 


0.0056 









Authority G.S. 143-215. 3(a)(l}; 143-215.108; 143B-282; S.L. 1989. c. 168, s. 45. 



.0712 CALLS BY THE DIRECTOR 

Notwithstanding any other provision of this Section or 15A 
NCAC 2D .1104. upon a written finding that a source or 
facility emitting toxic air pollutants presents an unacceptable 
risk to human health based on the acceptable ambient levels in 
15A NCAC 2D .1104 or epidemiology studies, the Director 
may require the owner or operator of the source or facility to 
submit a permit application to comply with 15A MCAC 2D 
■ 1100 for any or aO of the toxic air pollutants emitted from 



the facility. 

Authority G.S. 143-21 5. 3 (a)(1); 143-215.108; 143B-282; S.L. 
1989. c. 168. s. 45. 

.0713 POLLUTANTS WITH OTHERWISE 

APPLICABLE FEDERAL STANDARDS OR 
REQUIREMENTS 

(a) This Rule a pplies to the establishment of emission 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



694 



PROPOSED RULES 



limitations or any other requirements pursuant to the 
requirements of this Section or 15A NCAC 2D .1 100 for 
which a standard or requirement has been promulgated under 
Section 112 of the federal Clean Air Act including those 
contained in 15A NCAC 2D . 1 1 10 and . 1 1 1 1 . 

(b) For each facility subject to emission standards or 
requirements under Section 1 12 of the federal Clean Air Act, 
permits issued or revised according to Section .0500 of this 
Subchapter shall contain specific conditions that: 

(1) reflect applicability criteria no less stringent than 
those in the otherwise applicable federal standards 
or requirements: 

(2) require levels of control for each affected facility 
and source no less stringent than those contained in 
the otherwise applicable federal standards or 
requirements; 

(3) require compliance and enforcement measures for 
each facility and source no less stringent than those 
in the otherwise applicable federal standards or 
requirements: 

(4) express levels of control, compliance, and 
enforcement measures m the same form and units 
of measure as the otherwise applicable federal 
standards or requirements: and 

(5) assure compliance by each affected facility no later 
than would be required by the otherwise applicable 
federal standard or requirement. 

Authority G.S. 143-215. 3(a)(1): 143-215.108; 143B-282; S.L. 
1989. c. 168. s. 45. 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Environmental Management Commission intends 
to adopt rules cited as 15A NCAC 2R .0501 - .0504. Notice 
of Rule-making Proceedings was published in the Register on 
May 1, 1997. 

Proposed Effective Date: August 1. 1998 

A Public Hearing will be conducted at 7:00 p.m. on 
November 3. 1997 at the Groundfloor Hearing Room, 
Archdale Building. 512 N. Salisbury Street. Raleigh. NC. 

Reason for Proposed Action: During the 1996 session of the 
North Carolina General Assembly, Article 21 of Chapter 143 
of the General Statutes was amended by adding sections 143- 
214.8 through 214.13. Tliese sections established the 
Wetlands Restoration Program as a non-regulatory statewide 
program for the acquisition, maintenance, restoration, 
enlmncement, and creation of wetlands and riparian resources 
that contribute to the protection and improvement of water 
quality, flood prevention, fisheries, wildlife habitat, and 
recreational opportunities. Jlie purpose of this nde-making 
initiative is to establish the Wetlaruis Restoration Fund, which 
is a component of the Wetlands Restoration Program, and a 



standardized schedule of per acre payment amounts for 
individuals to voluntarily pay into the fund in lieu of 
compensatory mitigation requirements. 

Comment Procedures: Comments, statements, data and 
other information maty be submitted in writing by November 
14, 1997. Copies of the proposed ndes and information 
concerning the ndes may be obtained by contacting the 
Wetlands Restoration Program at (919) 733-5083 ext. 358 or 
by submitting to Ron Ferrell. Wetlands Restoration Program, 
Division of Water Quality, PO Box 29535, Raleigh, NC 
27626-0535. 

Fiscal Note: Rules 15A NCAC 2R .0502 - .0504 do not affect 
the expenditures or revenues of state or local government 
funds; I5A NCAC 2R .0501 does affect state government 
funds, but does not affect local government funds. These 
Rules do not have a substantial economic impact of at least 
five million dollars ($5,000,000) in a 12-month period. 

CHAPTER 2 - ENVmONMENTAL MANAGEMENT 

SUBCHAPTER 2R - WETLANDS RESTORATION 
PROGRAM 

SECTION .0500 - WETLANDS RESTORATION FUND 

.0501 PURPOSE 

(a) The purpose of the Wetlands Restoration Fund (Fund) 
is to provide a repository for monetary contributions or 
payments and donations or dedications of interests in real 
property. Fund assets will be used to promote the restoration, 
enhancement, preservation, or creation of wetlands and 
riparian areas. Fund assets will only be used for the purpose 
of contributing directly to the acquisition, perpetual 
maintenance, enhancement, restoration, or creation of 
wetlands and riparian areas as described in G.S. 143-214.8- 
13 in accordance with the wetlands restoration plans 
developed for each river basin. 

(b) Payments into the Fund as determined in accordance 
with Rule .0502 of this Section shall be considered as 
compliance with the compensatory mitigation requirements of 
certifications issued by the Department under 33 U.S.C. ^ 
1341; and permits or authorizations issued by the United 
States Army Corps of Engineers under 33 U.S.C. ^ 1344 if 
the contributions will meet the mitigation requirements of the 
U. S^ Army Corps of Engineers. 

(c) Donations or dedications of interest in real property 
may be accepted if consistent with the goals and objectives of 
the restoration plan for the river basin as determined by the 
Secretary or Designee. 

Authority G.S. 143-214.11; 143-214.12. 

.0502 DEFINITIONS 

(a) Compensatory mitigation means the restoration, 
creation, enhancement or preservation of wetlands, riparian 



695 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



areas and classified surface waters that is required as a 
condition of certifications issued by the Department under 33 
U.S.C. ^ 1341 and perinits or authorizations issued by the 
United States Army Corps of Engineers under 33 U.S.C. ^ 
1341. 

(b) Non-riparian wetlands means Class WL wetlands as 
defined in 15A NCAC 2B .0101(c)(8) whose major source of 
water is precipitation. Wetland types generally considered to 
be non-riparian include wet flats, pocosins and ephemeral 
wetlands. 

(c) Riparian wetlands means Class WL wetlands as defined 
in 15A NCAC 2B .0101(c)(8) whose major source of water is 
ground water or surface water. Wetland types generally 
considered to be riparian include freshwater marshes, swamp 
forests, bottomland hardwood forests, headwater forests, bog 
forests, mountain bogs and seeps. 

Authority G.S. 143-214.11; 143-214.12. 

.0503 SCHEDULE OF FEES 

(a) This schedule of fees is based on the cost of restoring 
or creating wetlands or surface waters capable of performing 
the same or similar functions as the wetlands or surface 
waters that have been impaired h^ permitted development 
projects. The fees include directly related costs of restoration 
planning. land acquisition. long-term monitoring, 
maintenance and preservation of restored areas. 

(b) The amount of payment into the Fund in lieu of 
compensatory mitigation requirements as described in Rule 
.0501(b) of this Section shall be determined in accordance 
with Subparagraphs (1) through (3) of this Paragraph. The 
fee will be based on the acres and types of compensatory 
mitigation specified in the approved U.S. Army Corps of 
Engineers permit under 33 U.S.C. ^ 1344 or tlie certification 
issued by this Department under 33 U.S.C. ^ 1341. 

Payments shall be calculated in 0.25 acre increments for Proposed Effective Date: August 1, 1998 
wetlands and by the linear foot for streams. 



designee on a case-by-case basis. The decision on whether to 
accept other properties shall include a determination that 
restoration or preservation of the property is consistent with 
the goals and objectives of the restoration plan for the river 
basin. The amount of credit for donations of property shall 
consider the costs of restoration planning, long-term 
monitoring, and maintenance of the donated property. 

(d) This fee schedule will be subject to update and revision 
upon determination that assessed fees vary from the actual 
costs of restoration activities described in Rule .0501(a) of 
this Section. 

Authority G.S. 143-214.11; 143-214.12. 

.0504 PAYMENT 

(a) Payment of fees shall be made by check or electronic 
fund transfer to tlie North Carolina Wetland Restoration 
Fund. 

(b) Donations or dedications of interest in real property 
shall be deeded to tlie State of North Carolina or to other 
public or private nonprofit conservation organizations as 
approved by the Department. 

Authority G.S. 143-214.11; 143-214.12. 






**4:*******:^4: 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the Commission for Health Services intends to 
amend rules cited as 15A NCAC 18A .2601 - .2604, .2606 - 
.2610, .2612 - .2618, .2620 - .2624, .2626 - .2628, .2630, 
.2632 - .2633, .2638, .2643; and to repeal 15A NCAC 18A 
. 2605. Notice of Rule-making Proceedings was published in 
the Register on August 15, 1997. 



(1) Classified surface waters other than wetlands as 
defined in I5A NCAC 2B .0202. The payment 
shall be one hundred twenty -five dollars ($125.00) 
per linear foot of stream. 

{2} Class WL wetlands as defined in 15A NCAC 2B 
.0101(c)(8). The payment shall be: 

(A) twelve thousand dollars ($12.(X)0) per acre 
for non-riparian wetlands. 

(B) twenty-four thousand dollars ($24.000) per 
acre for riparian wetlands. 

(3} Class SWL wetlands as defined in 15 A NCAC 2B 

.QlQl(d)(4). The payment shall be one hundred 

twenty thousand dollars ($120.(X)0) per acre. 

(c) Donations or dedications of interest in real property 

may be accepted in lieu of compensatory mitigation 

requirements as described in Rule .0501(b) of this Section 

provided that the property has been identified as an approved 

site in the restoration plan developed for each river basin. 

Other properties may be considered by the Secretary or liis 



A Public Hearing will be conducted at 10:00 a.m. on 
November 4, 1997 at the Ground Floor Hearing Room, 
Archdale Building, 512 N. Salisbury Street, Raleigh, NC 
27602. 

Reason for Proposed Action: 15A NCAC 18A .2600 "Rules 
Governing The Sanitation of Restaurants and Other Food 
Handling Establishments " are in need of additional definition 
and clarification. This additional definition and clarification 
is necessary to increase uniformity in interpretation and 
application of the ride on a statewide basis. Also, there is a 
need to include recommended changes from the 1997 Food 
and Drug Administration food code. Inclusion of several of 
the FDA recommended changes will help North Carolina stay 
abreast of the ever changing world of science and technology. 
These changes are needed to best protect the Public Health of 
the Citizens of North Carolina. 

Comment Procedures: All persons interested in this matter 



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696 



PROPOSED RULES 



are invited to attend the public hearing. The Commission for 
Health Services will review mailed in written comments 
postmarked no later than December 4, 1997. Any person 
desiring to submit lengthy comments is required to submit a 
written statement for inclusion in the record of proceeding at 
the public hearing. Additional information concerning the 
hearing or the proposals may be obtained by contacting 
Michael Rhodes, Environmental Health Ser\>ices Section, 
P.O. Box 29534, Raleigh, NC 27626-0534, (919) 715-0930. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local govertmient funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .2600 - SANITATION OF RESTAURANTS 
AND OTHER FOODHANDLDMG ESTABLISHMENTS 

.2601 DEFINITIONS 

The following definitions shall apply in the intei^jretation 
and enforcement of this Section: 

(1) "Approved" means determined by the Department 
to be in compliance with this Section. Food se r vice 
equi p ment — which — meets — National — Sanitation 
Toundation standa r ds o r equal shall be conside r ed 
as a ppr oved. — The National Sanitation Foundation 
Comme r cial Food Se r vice Equi p ment Standa r ds a r e 
he r eby inco rp o r ated by r efe r ence including any 
subsequent amendments and editions. This mate r ial 
is available fo r ins p ection at the Depa r tment of 
Envi r onment. — Health. — and — Natu r al — Resou r ces, 
Division of Envi r onmental Health. 2728 Capital 
Blvd.. Raleigh. No r th Ca r olina. — Co p ies may be 
obtained f r om NSF Inte r national. P.O. Box 13014. 
Ann A r bo r . Michigan 48113-0140. at a cost of 
th r ee hund r ed and twenty five dolla r s (S325.00). 
Food which com p lies with r equi r ements of the 
No r th — Ca r olina — De p a r tment — of — Ag r icultu r e — or 
United States De p a r tment of Agricultu r e and the 
r equi r ements of this Section shall be conside r ed as 
app r oved. 

(2) "Catered elderly nutrition site" means an 
establishment or operation where food is served, 
but not prepared on premises, operated under the 
guidelmes of the N.C. Department of Human 
Resources, Division of Aging. 

(3) "Commissary" means a food stand that services 
mobile food units and pushcarts. The commissary 
may or may not serve customers at the food stand's 
location. 

(4) "Department of Envi r onment, Health, Environment 
and Natural Resources" or "Department" means the 
North Carolina Department of Envi r onment, 



^m 



mam 
fB)a5} 



Health, Environment and Natural Resources. The 
term also means the authorized representative of the 
Department. For purposes of ani^ notices required 
pursuant to these Rules, notice shall be mailed to 
"Division of Environmental Health. Enviroimiental 
Health Section. North Carolina Department of 
Environment and Natural Resources." P.O. Box 
27687. Raleigh. North Carolina 27626-0534. 

(5) "Drink stand" means those establishments in which 
only beverages are prepared on the premises and 
are served in multi-use containers, such as glasses 
or mugs. 

ifi) "Eating — and — cooking — utensils" — means — any 

kitehcnwa r c. tablewa r e. glasswa r e, cutlery, 

utensils, containe r s, o r othe r equi p ment with which 

food o r d r ink comes in contact du r ing sto r age, 

p r epa r ation, or se r ving. 

"Employee" means any person who handles food or 

drink during preparation or serving, or who comes 

in contact with any eating or cooking utensils, or 

who is employed at any time in a room in which 

food or drink is prepared or served. 

"Environmental Health Specialist" means a person 

authorized to represent the Department on the local 

or state level in making inspections pursuant to state 

laws and rules. 

"Equipment" means refrigerators, stoves, ovens. 

dishwashing machines and other similar major 

appliances. 

"Food" means any raw. cooked, or processed 

edible substance, ice, beverage, or ingredient used 

or intended for use or for sale in whole or in part 

for human consumption. 

"Food stand" means those food service 

establishments which prepare or serve foods and 

which do not provide seating facilities for 

customers to use while eating or drinking. 

Establishments which only serve such items as dip 

ice cream, popcorn, candied apples, or cotton 

candy are not included. 

"Good Repair" means that the item in question can 

be kept clean, used for its intended purpose and 

does not present a threat to the public health. 

"Hermetically sealed container" means a container 

designed and intended to be secure against the entry 

of micro-organisms and to maintain the commercial 

sterility of its contents after processing. 

"Limited food service establishment" means a food 

service establishment as described in G.S. 130A- 

247(7). 

"Local Health Director" means the administrative 

head of a local health department or his authorized 

representative. 

"Mobile food unit" means a vehicle-mounted food 

service establishment designed to be readily moved. 

"Person" means any individual, firm, association, 

organization, partnership, business trust. 



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18} 

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LJl} 



697 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



corporation, or company. 

ti5)£17} "Potentially hazardous food" means any food or 
ingredient, natural or synthetic, in a form capable 
of supporting the growth of infectious or toxigenic 
microorganisms, including Clostridium botulinum. 
This term includes raw or heat treated foods of 
animal origin, raw seed sprouts, and treated foods 
of plant origin. The term does not include foods 
which have a pH level of 4.6 or below or a water 
activity (Aw) value of 0.85 or less. 

H€ i(lS) "Private club" means a private club as defined in 
G.S. 130A-247(2). 

H^ (19) "Pushcart" means a mobile piece of equipment or 
vehicle which serves hot dogs or foods which have 
been prepared, pre-portioned, and individually 
pre-wrapped at a restaurant or commissary. 

H9i) (20) "Responsible person" means the individual present 
in a food service establishment who is the apparent 
supervisor of the food service establishment at the 
time of inspection. If no individual is the apparent 
supervisor, then any employee is the responsible 
person. 

ft^ (21) "Restaurant or food service establishment " means 
all establishments and operations where food is 
prepared or served at wholesale or retail for pay, or 
any other establishment or operation where food is 
prepared or served that is subject to the provisions 
of G.S. 130A-248. The term does not include 
establishments which only serve such items as dip 
ice cream, popcorn, candied apples, or cotton 
candy. 

(20) "Sanita r ian" means a p e r son autho r ized to r e pr esent 

the De p a r tment on the local o r state level in making 
ins p ections p u r suant to state laws and r ules. 

f^r¥i (22) "Sanitize" means the approved bactericidal 
treatment by a process which meets the temperature 
and chemical concentration levels in 15A NCAC 
ISA .2619. 

t22)£23i "Sewage" means the liquid and solid human body 
waste and liquid waste generated by water-using 
fixtures and appliances, including those associated 
with foodhandling. The term does not include 
industrial process wastewater or sewage that is 
combined with industrial process wastewater. 

f23) (24) "Single service" means cups, containers, lids, 
closures, plates, knives, forks, spoons, stirrers, 
paddles, straws, napkins, wrapping materials, 
toothpicks, and similar articles intended for 
one-time, one person use and then discarded. 
(25) "Substantially similar" means similar in 
importance, de gree, amount, placement or extent. 

(24)£26} "Temporary food establishment" means those food 
or drink establishments which operate for a period 
of 15 days or less, in connection with a fair, 
carnival, circus, public exhibition, or other similar 
gathering. 



(27) "Threat to the Public Health" means circumstances 
which create a significant risk of serious physical 
injury or adverse health effect. 

(28) "Utensils" means any kitchenware. tableware, 
glassware, cutlery, containers and similar items 
with which food or drink comes in contact during 
storage, preparation, or serving. 

Authority G.S. 130A-248. 

.2602 PERMITS 

(a) No permit to operate shall be issued to a person until 
an evaluation by the Department shows that the establishment 
complies with this Section. 

(b) Upon transfer of ownership of an existing food service 
establishment, the Department shall complete an evaluation. 
If the establishment satisfies all the requirements of the rules, 
a permit shall be issued. If the establishment does not satisfy 
all the requirements of the rules, a permit shall not be issued. 
However, if the Department determines that the noncompliant 
items are construction or equipment problems that do not 
represent a threat to the public health, a transitional permit 
may be issued. The transitional permit shall expire 96 180 
days after the date of issuance, unless suspended or revoked 
before that date, and shall not be renewed. Upon expiration 
of the transitional permit, the owner or operator shall have 
corrected the noncompliant items and obtained a permit, or 
the food service establishment shall not continue to operate. 

(c) The Department may impose conditions on the issuance 
of a permit or transitional permit. Conditions may be 
specified for one or more of the following areas: 

(1) The number of seats or persons served. 

(2) The categories of food served. 

(3) Time schedules in completing minor construction 
items. 

(4) Modification or maintenance of water supplies. 

(5) Use of facilities for more than one purpose. 

(6) Continuation of contractual arrangements upon 
which basis the permit was issued. 

(7) Submission and approval of plans for renovation. 

(8) Any other conditions necessary for a food service 
operation to remain in compliance with this 
Section. 

(d) If a permit or transitional permit has been suspended, 
the suspension shall be lifted after the Department has 
evaluated the food service operation and found that the 
violations causing the suspension have been corrected. If a 
permit or transitional permit has been revoked, a new permit 
shall be issued only after the Department has evaluated the 
food service operation and found it to comply with all 
applicable rules. The evaluations shall be conducted within a 
reasonable length of time after the request is made by the 
operator. 

Authority G.S. 130A-248. 



12:8 



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October 15, 1997 



698 



PROPOSED RULES 



.2603 PUBLIC DISPLAY OF GRADE CARD 

(a) Upon initial permitting of a food service establishment, 
the Environmental Health Specialist shall designate the 
location for posting of the grade card. The grade card shall 
be located in a conspicuous place where it may be readily 
observed by the public upon entering the establishment. If 
the owner of the foodservice establishment objects to the 
location designated by the Environmental Health Specialist, 
then the owner may suggest an alternative location which 
meets the criteria of this Rule. If the Environmental Health 
Specialist and the owner cannot agree as to the location of the 
grade card, the owner may appeal the decision of the 
Environmental Health Specialist as provided under Rule 
.2643 of this Section. 

(b) Except for inspections identified in Rule .2606(b) of 
this Section where a worksheet is given to the establishment. 
Wheneve r whenever an inspection of a restaurant, food stand, 
or drink stand is made, the sanita r ian Environmental Health 
Specialist shall remove the existing grade card, issue a new 
grade card, and post the new grade card in a cons p icuous 
place whe r e it may be r eadily obse r ved by the p ublic u p on 
ente r ing the facility in tfie location where the grade card was 
previously posted as long as that location remains 
conspicuous. Under no circumstances shall the grade card be 
relocated based upon a change in tlie grade received by the 
foodservice establishment. The owner or operator of the 
foodservice establishment shall be responsible for keeping the 
grade card posted at the designated location designated by the 
sanita r ian at all times. 

Authority G.S. 130A-248. 

.2604 INSPECTIONS AND REINSPECTIONS 

(a) Upon entry into a food service establishment. 
Environmental Health Specialists shall identify themselves 
and their purpose in visiting that establishment. 
Environmental Health Specialists shall inquire as to the 
identity of the responsible person and request that the 
responsible person accompany them during the inspection. If 
no employee is identified as tlie responsible person. 
Environmental Health Specialists shall ask an employee to 
accompany them on tjie inspection. Following the inspection. 
the Environmental Health Specialist shall offer to review the 
results of the inspection with the responsible person. 

(b> A food service establishment may be allowed to correct 
on tlie spot, violations of these Rules, without the loss of 
points in that grading period ifi 

(1) The violation is remedied during the duration of the 
inspection: and 

(2) The same violation was not identified by the 
Environmental Health Specialist during the 
immediately preceding quarterly inspection. 

When a correction on tlie spot is allowed, the violation shall 
be recorded and correction of the item documented on the 
grade sheet. 

{cj The grading of restaurants, food stands, or drink stands 
shall be done on an inspection form furnished by the 



iH 
131 
(4] 

(5i 
161 



111 



Department to local health departments. The form shall 
provide for but need not be limited to the following 
information: 

( 1) the name and mailing address of the facility: 
the name of person to whom permit is issued: 
the permit and score given: 

standards of construction and operation as listed in 
Rules .2607 through .2644 of this Section: 
a short explanation for all points deducted: 
space for a short recitation of all violations 
corrected on tlie spot as allowed by Paragraph (b) 
of this Rule: 

the signature of the Environmental Health 
Specialist: 
(8) the date. 

(d) In filling out the inspection form, points may be 
deducted only once for a single occurrence or condition 
existing within or outside of tfie food service establishment. 
Deductions shall be based on actual violations of these Rules 
observed during the inspection. 

(e) In determining whether items or areas of an 
establishment are clean for purposes of enforcing the Rules 
set forth in tlus Section and grading an establishment, the 
Environmental Health Specialist shall consider, among other 
things: the age of the accumulated material, the relative 
percentage of items which are clean and not clean, the 
cleaning practices of tlie establishment and the health risk 
posed by tlie circumstances. 

WUQ Upon request of management the permit holder or 
his or her representative a reinspection shall be made. 

tb) i_g] In the case of establishments that have been closed 
for failure to comply with these Rules, an ins p ection a 
reinspection to consider the issuance or reissuance of a permit 
shall be made at the earliest convenience of the sanita r ian. 
Environmental Health Specialist. 

(c^ llU In the case of establishments which request an 
inspection for the purpose of raising the alphabetical grade, 
and which hold unrevoked permits, the sanitarian 
Environmental Health Specialist shall make an unannounced 
inspection after the lapse of a reasonable period of time, not 
to exceed 15 days, from the date of the request. 

Auihonn- G.S. 130A-248. 

.2605 INSPECTION FORMS 

The g r ading of r estau r ants, food stands, o r d r ink stands 
shall be done on an inspection form furnished by the 
De p a r tment to local health de p a r tments. — The form shall 
pr ovide fo r but need not be limited — to the — following 
info r mation : 



Hi the name and mailing add r ess of the facility; 

t-2-) name of p e r son to whom permit is issued, 

{i) the p e r mit and sco r e given ; 

on the (+) — standa r ds of const r uction and o p e r ation as listed' 

Rules .2 6 07 th r ough .2644 of this Section; 

the signatu r e of the sanita r ian; 

date. 






699 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



Authority G.S. 130A-248. 

.2606 GRADING 

(a) The sanitation grading of all restaurants, food stands, 
and drink stands, shall be based on a system of scoring 
wherein all establishments receiving a score of at least 90 
percent shall be awarded Grade A; all establishments 
receiving a score of at least 80 percent and less than 90 
percent shall be awarded Grade B; all establishments 
receiving a score of at least 70 percent and less than 80 
percent shall be awarded a Grade 6t of Provisional. Permits 
shall be revoked for establishments receiving a score of less 
than 70 percent. 

£bi If an establishment which has maintained an average 
score of 90 percent or above for prior inspections occurring 
during the current quarter and the previous four quarters (or 
for its entire period of operation if u has operated for four 
quarters or less) receives a score of 80 percent to 89.9 
percent, the Environmental Health Specialist shall post a 
grade card reflecting the fact that the establishment has 
maintained an "A" grade average during that period and that 
the establishment shall be re graded within 15 days. In 
addition, the Environmental Health Specialist shall provide 
the establishment with a work sheet reflecting the items for 
which points were deducted during the inspection. Within 15 
days of the date of that inspection, the Environmental Health 
Specialist shall conduct a follow-up inspection of the 
establishment. At the time of the follow-up inspection, the 
grade resulting from that follow-up inspection shall be posted. 

(c) IL as a result of a quarterly inspection, an 
establishment receives an inspection score of 70 percent to 
79.9 percent, a follow-up inspection shall be conducted not 
more than 60 days nor less than 30 days from the date of the 
initial inspection. If the establishment does not receive a 
score of 80 percent or above during this follow-up inspection, 
then the Department shall initiate proceedings for an intent to 
suspend the establishment's permit pursuant to G.S. 130A- 
23(b) and (c}^ Nothing herein shall effect the right of the 
establishment to appeal any decision under Rule .2643 of this 
Section, or pursuant to G.S. 150B. If an establishment 
chooses to appeal pursuant to Rule .2643 of this Section, 
suspension of the permit shall be stayed imtil this informal 
appeals process is complete. 

ttrtldl The grading of restaurants, food stands, and drink 
stands, shall be based on the standards of operation and 
construction as set forth in Rules .2607 through .2644 of this 
Section. An establishment shall receive a credit of two points 
on its score for each inspection for a period of three years if 
the manager or other person responsible for operation of that 
establishment attends a foodservice sanitation program 
approved by the Department and continues to be employed by 
the establishment. 

tc)(el The posted numerical grade shall not be changed as 
a result of a food sampling inspection. 

(£1 Nothing herein shall effect the right of a permit holder 
to a reinspection pursuant to Rule .2604 of this Section. 



(g) Nothing herein shall prohibit the Department from 
immediately suspending or revoking a permit pursuant to 
G.S. 130A-23(d). 

Authority G.S. 130A-248. 

.2607 STANDARDS AND APPROVAL OF PLANS 

(a) Plans, drawn to scale, and specifications including the 
proposed menu, for new food service establishments shall be 
submitted for review and approval to the local health agency 
prior to initiating construction. Plans, drawn to scale, and 
specifications including the proposed menu shall also be 
submitted prior to construction of changes in the dimensions 
of food preparation areas, seating capacity or the addition of 
rooms to existing food service establishments. These plans 
shall include changes related to the increase in dimensions of 
food preparation areas, seating capacity or the addition of 
rooms. Plans, d r awn to scale and s p ecifications fo r p r ototype 
"f r anchiscd" o r "chain" facilities shall also be submitted fo r 
r eview and a ppr oval to the Envi r onmental Health Se r vices 
Section. Division of Envi r onmental Health . 

(b) Plans. dra\* n to scale, and specifications including the 
proposed menu, for initial "franchised" or "chain" facilities 
shall be submitted for review and approval to the 
Environmental Health Services Section. Division of 
Environmental Health. Thereafter, plans for "franchised" or 
"chain" facilities which are certified by an architect to be the 
same or substantially similar to the initial facility shall be 
submitted to the local health agency as required in Paragraph 
(a) of this Rule. At the time of submission to the local health 
agencv. an architect shall set forth in writing how these plans 
differ from the initial plans approved by the Division. Copies 
of this letter shall be submitted to ilie Environmental Health 
Services Section and the local health agency. 

tfrXc) Construction shall comply with approved plans and 
specifications. 

Authority G.S. 130A-248. 

.2608 SOURCES OF FOOD 

All food shall be obtained from sources that comply with 
all laws relating to food and food labeling and shall be 
properly identified. Food in hermetically sealed containers 
shall have been processed in a commercial food processing 
establishment operated in compliance with G.S. 106-120 
through 145. Copies of G.S. 106-120 through 145 may be 
obtained from the Food and Drug Protection Division, North 
Carolina Department of Agriculture. All food shall be clean, 
wholesome, free from adulteration and spoilage, safe for 
human consumption, and shall be handled, served, or 
transported in such a manner as to prevent contamination, 
adulteration, and spoilage. Only approved containers and 
utensils may be used. Upon discovery. Foods foods that are 
spoiled or otherwise unfit for human consumption shall be 
immediately disposed of as garbage or returned to the source 
except as specified in .2641 of this Section. Foods to be 



12:8 



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October 15, 1997 



700 



PROPOSED RULES 



returned to the source shall be marked as such and stored in a 
fashion so as not to contaminate other food. 

Authority G.S. 130A-248. 

.2609 REFRIGERATION: THAWING: AND 
PREPARATION OF FOOD 

(a) All potentially hazardous foods requiring refrigeration 
shall be kept at or below 45° F (7" C), except when being 
prepared or served. An air temf)erature thermometer 
accurate to ±3° F (±1.5'C) shall be provided in all 
refrigerators. 

(b) Thawing of potentially Potentially hazardous foods 
shall be done thawed: 

(1) in refrigerated units at a temperature not to exceed 
45° F(7° etrCi. 

(2) or under coW potable running water no wa r me r 
than of a temperature of 70° F (21 ° C) or below, 
with sufficient water velocity agitate and float off 
loose food panicles into the overflow: 

(3) or as a part of the conventional cooking pr ocess. 
process: or 

(4) in a microwave oven only when the food will be 
immediately transferred to conventional cooking 
equipment as part of a continuous cooking process 
or when the entire, uninterrupted cooking process 
takes place in the microwave oven. 

(c) Employees preparing food shall have used antibacterial 
soap, dips or hand sanitizers immediately prior to food 
preparation or shall use clean, plastic disposable gloves or 
sanitized utensils during food preparation. This requirement 
is in addition to all handwashing requirements in Section 
.2600 of these Rules. Food shall be prepared with the least 
possible manual contact, with suitable utensils and on 
preparation surfaces that have been cleaned and rinsed prior 
to use. Preparation surfaces which come in contact with 
potentially hazardous foods shall be sanitized as provided in 
Rule .2618(c) of this Section. Raw fruits and raw vegetables 
shall be thoroughly washed with potable water before being 
cooked or served. 

(d) Potentially hazardous foods requiring cooking shall be 
cooked to heat all parts of the food to a temperature of at 
least 140° F (60° C) except as follows: 

(1) poultry, poultry stuffings, stuffed meats, and 
stuffings containing meat shall be cooked to heat all 
parts of the food to at least 165° F (74°C) with no 
interruption of the cooking process, and 

(2) pork and any food containing pork shall be cooked 
to heat all parts of the food to at least 150° F (66° 
C), and 

(3) ground beef and foods containing ground beef shall 
be cooked to an internal temperature of at least 
155° F (68° C), and 

(4) rare roast beef shall be cooked to an internal 
temperature of at least 130° F (54° C), and 

(5) rare beef steak shall be cooked to a temperamre of 
130° F (54° C) unless otherwise ordered by the 



01 



lii 



immediate consumer. 

(e) Liquid, or uncooked frozen, dry eggs and egg products 
shall be used only for cooking and baking purposes. This 
Rule does not apply to pasteurized eggs. 

(f) Potentially hazardous foods that have been cooked and 
then refrigerated shall be reheated rapidly to 165° F (74° C) 
or higher throughout before being served or before being 
placed in a hot food storage facility except that, food in intact 
packages from regulated food manufacmring plants may 
initially be reheated to 140° F (60° C). 

(g) All potentially hazardous foods, except rare roast beef, 
shall be stored at temperamres of 140° F (60° C) or above; 
or 45° F (7° C) or below except during necessary periods of 
preparation and serving. Rare roast beef shall be stored at a 
temperamre of at least 130° F (54° C) or above; or 45° F (7° 
C) or below. 

(h) Time only, rather than the temperature requirements 
set forth in Paragraph (g) of this Rule, may be used in 
connection with potentially hazardous foods that are displayed 
or held for service for immediate consumption if 

(1) The food is labeled with the time of completion of 
the cooking process or when the food was 
otherwise removed from temperature control: 
The food is served to the public within two hours of 
the time of completion of the cooking process or 
when the food was otherwise removed from 
required temperature control: and 
The establishment maintains wriuen procedures for 
this process. 
lii Potentially hazardous food that is displayed or held for 
service for immediate consumption: 

( 1) which is not marked with the time of completion of 
the cooking process or when it was otherwise 
remo\ed from required temperature control, or 

(2) for which the two hour period referenced in 
Paragraph (h)(2) of this Rule has expired, shall not 
be served to the public unless it has been 
maintained at the temperature required in 
Paragraph (g) of this Rule. 

UJ Food for which the two hour time period in Paragraph 
(h) of this Rule has expired and which does not meet 
temperature requirements as specified in Paragraph (g) of this 
Rule, shall not be served b^; ilie public. 
tiTt(k) All potentially hazardous food that is transported must 
be maintained at temperatures as noted in Paragraph (g) of 
this Rule. 

trttil A metal stem-type thermometer accurate to ±2° F 
(± 1 ° C) shall be available to check food temperatures. 

Authority G.S. 130A-248. 

.2610 STORAGE: HANDLING: AND DISPLAY OF 
FOOD 

(a) All unwrapped or unenclosed food and drink on display 
shall be protected in such manner that the direct line from the 
customer's mouth to the food shall be intercepted by glass or 
similar shields and shall be otherwise protected from public 



701 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



handling or other contamination, except that hand openings 
may be permitted on counter fronts. A beverage station 
staffed with an employee who is serving on a continual basis, 
is not required to provide glass or similar shields for 
beverages, ice and beverage garnishes. The employee shall 
remove contaminated beverages, ice or beverage garnishes 
from the beverage station. This requires standard counter 
protector installations for all cafeteria counters, salad bars, 
and similar type service to prevent contamination by 
customers' coughing and sneezing. Nothing in this Rule shall 
require food kept in glass enclosed cases to be wrapped or 
covered so long as effective measures are taken to prevent 
contamination in multi-level shelving units. 

(b) Customer self-service is permitted only under the 
following conditions: 

(1) Buffet-style Service. This style of service is not 
acceptable unless protective shields, equivalent to 
cafeteria counter protectors, are provided to 
intercept contamination, contamination: howeve r , 
pr otective shields a r c not requi r ed fo r buffet style 
service which is pr ovided for a club, o r ganization 
or pr ivate individual as a p lanned event and f r om 
which the p ublic is excluded. When food is se r ved 
in this manne r , the following r equi r ements shall be 
met: 

(A) Potentially haza r dous foods shall be r e p laced 

at least hou r ly ; 
ffi) Food containe r s shaH be a rr anged 

conveniently so customers' clothing docs not 

come in contact with food; 
i€i Long-handled se r ving s p oons, tongs, o r othe r 

utensils shall be pr ovided and used ; 
t©) At the conclusion of the event, food that has 

not been consumed, shall be discarded. 

(2) Customer Self- Service. When customers are 
allowed to return to a self-service area, clean and 
sanitized tableware other than flatware, beverage 
cups and glasses, shall be made available for each 
return trip. Written notice shall be provided 
informing customers that clean tableware needs to 
be used for return trips. 

(3) Family-style Service. In establishments featuring 
this style of service, patrons elect to participate in 
the family dining-table type of service. Ordinary 
serving dishes and utensils are acceptable. 

(4) Private events. When service is provided for a 
club, organization or private individual at a planned 
event from which the public is excluded: 

(A) Potentially hazardous foods shall be replaced 
at least every two hours: 

(B) Food containers shall be arranged 
conveniently so customers' clothing does not 
come in contact with food: 

(C) Long-handled serving spoons, tongs, or other 
utensils shall be provided and used: 

(D) At the conclusion of the event, food that has 



not been consumed, shall be discarded: and 
(E) Protective shields are not required for buffet- 
style service. 

(c) Foods, except raw vegetables which are to be cooked, 
shall be kept under cover when not in the process of 
preparation and serving. Meat and other potentially 
hazardous foods shall not be stored on the floor, or in direct 
contact with shelves and racks of cold storage boxes, or 
permitted to come in contact with dirty clothes, newspapers, 
pasteboard, previously-used paper, or other contaminated 
surfaces. If open dishes and pans containing food are 
stacked, food shall be protected with wax paper or foil. Food 
transported to a restaurant shall not be accepted unless 
properly wrapped, covered, or otherwise protected. Food 
and drink shall not be served to the general public in the 
kitchen. In the case of "drive-in" restaurants, all food shall 
be covered or wrapped before delivery to patrons' vehicles, 
to exclude vermin or insects, dust, and other contamination. 

(d) Containers for onions, slaw, mustard, and other 
condiments not kept in accordance with the requirements of 
Paragraph (a) of this Rule shall have covers and be kept 
covered when not in use. Sugar shall be dispensed with 
either pour-type dispensers or individual packages. Waiters 
and waitresses shall avoid unnecessary handling of food in the 
process of serving. 

(e) The establishment shall be ke p t f r ee of flics, r odents, 
r oaches, ants, and othe r ve r min. Effective measures such as 
fly repellant. fans, self-closing doors, screens and routine use 
of approved insecticides shall be taken to keep insects, 
rodents, animals and other public health pests out of the 
establishment and to prevent their breeding or presence on the 
premises. Animals and fowl shall not be permitted in a 
r estau r ant food service establishment , provided that seeing 
eye dogs accompanying blind persons and service dogs 
accompanying handicapped persons shall be exempted. Att 
su pp lementa r y means necessa r y for the elimination of flics, 
such as the installation of fly- r c p cllant fans, and the r outine 
use of a ppr oved insecticides shall be em p loyed. 

(f) Dustless methods of floor cleaning shall be used and all 
except emergency floor cleaning shall be done during those 
periods when the least amount of food and drink is exposed, 
such as after closing, or between meals. 

(g) The offering of free unwrapped food samples which 
were prepared by, or served by, the establishment on its 
premises, shall be maintained at a location within sight of and 
under the immediate supervision of an employee or agent for 
the purposes of observing customer use. 

(h) Foods shall not be stored under exposed sewer lines. 

tii Dry beans, grits, flour, sugar, and similar food 
products shall be stored in approved, covered containers, 
glass jars, or equal and labeled accordingly. 

Authority G.S. 130A-248. 

.2612 SHELLFISH 

(a) All shellfish and Crustacea meat shall be obtained from 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



702 



PROPOSED RULES 



sources in compliance with the Department's rules on 
shellfish and Crustacea. Copies of 15A NCAC 18A ,0300 
through .0900 may be obtained from the Department. If the 
source of clams, oysters, or mussels is outside the state, the 
shipper's name shall appear on the "Interstate Certified 
Shellfish Shippers List" as published monthly by the Shellfish 
Sanitation Branch, Food and Drug Administration. If the 
source of cooked Crustacea meat is outside the state, it shall 
be certified by the regulatory authority of the state or territory 
of origin, attested by the presence of an official permit 
number on the container. 

(b) All shucked shellfish and all cooked Crustacea meat 
shall be stored in the original container. Each original 
container shall be clearly identified with the name and address 
of the packer, repacker, and the abbreviated name of the state 
or territory. Shucked shellfish unit containers shall be dated 
in accordance with 15A NCAC 18A .0600. 

(c) All shellstock shall be stored in the containers in which 
packed at the source. Each original container shall be clearly 
identified with a uniform tag or label bearing the name and 
address of the shipper, the certificate number issued by the 
state or territory regulatory authority, the abbreviated name 
of the state, the name of the waters from which the shellfish 
were taken, the kind and quantity of the shellstock in the 
container, and the name and address of the consignee. 

(d) Shellstock shall be stored under refrigeration and in a 
marmer to prevent cross-contamination to or from the 
shellstock. The re-use of single-service shipping containers 
and the storage of shucked shellfish in other containers are 
not allowed. 

(e) After each container of shellstock has been emptied, 
the management shall remove the stub of the tag and retain it 
for a period of at least 90 days. 

(0 With the exception of opening shellfish for immediate 
consumption on the premises, no shellfish shucking shall be 
performed unless the establishment holds a valid shellfish 
shucking permit. 

(g) Shellstock washing facilities shall consist of an 
approved mechanical shellfish washer, or a sink or slab with 
catch basin, indirectly drained into an approved sewage 
collection, treatment, and disposal system. The washing shall 
be done in a clean area, protected from contamination. A can 
wash facility shall not be used for the washing of shellstock 
or other foods. 

(h) The cooking of shellfish shall be accomplished in an 
area meeting the requirements of this Section. 

(i) Re-use of shells for the serving of food is prohibited. 
However, it is not a violation of these Rules to remove a 
shellfish from its shell and return u to that same shell for 
service to the public. Shells shall be stored in a manner to 
prevent flies, insects, rodents, and odors. 

Auihority G.S. 130A-248. 

.2613 BARBECUE PLACES 

The following standards shall be followed in the application 
of the restaurant sanitation requirements of this Rule in the 



grading of establishments preparing barbecue: 

(1) Barbecue Pits: 

(a) Barbecue pits and barbecue machines shall 
be enclosed in a room protected from the 
weather, dust, flies, and animals. The room 
shall be kept clean and free of garbage, 
rubbish, and other miscellaneous storage. 

(b) Floors shall be constructed of easily 
cleanable concrete or equal and graded to 
drain. 

(c) Floors, walls, and ceilings shall be kept 
clean. 

(d) Water under pressure shall be provided in 
barbecue pit rooms for floor cleaning. 

(e) Barbecue pit rooms shall be properly 
ventilated by ducts, doors, or equal in order 
that smoke and fumes may be removed. 

(f) Spits, holders, or racks shall be tho r oughly 
cleaned daily. 

(2) Barbecue shall be chopped or processed in a 
restaurant kitchen or in a room meeting the 
requirements of sanitation specified for restaurant 
kitchens. 

Aulhorin- G.S. 130A-248. 

.2614 OUTDOOR DINING 

(a) No outdoor food serving facilities, stations, or cooking 
facilities shall be allowed for restaurants o r tem p o r ary 
r estau r ants except equipment such as portable cooking or 
serving facilities for service which is provided to a club, 
organization or private individual as a planned event and from 
which the public is excluded. 

(b) This Rule shall not prohibit outdoor dirnngr dining or 
beverage service. 

Aiuhorin- G.S. 130A-248. 

.2615 MILK AND MILK PRODUCTS 

(a) Only Grade "A" pasteurized milk and milk products 
shall be used. The term "milk products" means those 
products as defined in 15A NCAC 18A .1200. Copies of 
I5A NCAC 18A .1200 may be obtained from the Department 
of Envi r onment, Health. Environment and Natural Resources, 
Division of Environmental Health, P.O. Box 27687, Raleigh, 
North Carolina 27611-7687. Milk and milk pr oducts shall be 
se r ved in the individual, o r iginal containe r s in which they 
we r e r eceived f r om the dist r ibuto r , exce p t for buttermilk, 
which may be p oured f r om a comme r cially filled containe r of 
not mo r e than h'l gallon capacity. — A p p r oved sanitary bulk 
milk dispense r s may also be used. 

(b) An exce p tion may be made in the case of c r eam se r ved 
with coffee, ce r eals, etc., as the dist r ibuto r cannot delive r 
c r eam in the unit sizes that would be r equi r ed. — fo r such 
se r vice, t r ansfe rr ing to individual service units f r om the 
o r iginal containe r of not mo r e than one-half gallon capacity, 
o r f r om pum p s, o r othe r a ppr oved dis p ensers is permissible. 



703 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



The mixing Mixing of cream and milk or the pouring of 
either into jars, bottles, or other containers for storage therein 
shall be prohibited. 

(c) Bulk milk dispenser containers, as received from the 
distributor, shall be properly sealed, labeled with the name 
and grade of the contents and identity of the distributor. Only 
the outlet seal shall be broken in the establishment. 

(d) Milk and milk products shall be stored in a sanitary 
manner and shall be kept refrigerated, except when being 
served. Milk containers shall not be completely submerged in 
water. However, nothing in these Rules shall prohibit the 
placement of these items on jce while on display or being 
served. 

(e) Reconstituted dry milk and dry milk products may be 
used in instant desserts and whipped products, or for cooking 
and baking purposes. 

Authority G.S. 130A-248. 

.2616 REQUIREMENTS FOR EMPLOYEES 

(a) All employees shall wear clean outer clothing and shall 
be clean as to their person and methods of foodhandling. No 
employee shall use tobacco in any form while engaged in the 
washing of eating and cooking utensils or in the preparation, 
handling, or serving of food. 

(b) Employees shall wash their hands thoroughly in an 
ap pr oved a handwashing lavatory which meets the 
requirements of Rule .2625 of this Section before starting 
work, after each visit to the toilet, and as often as may be 
necessary to remove soil and contamination. 

(c) Em p loyees engaged in the pr e p a r ation, handling, o r 
se r ving of food shall wea r hai r nets, ca p s, o r othe r effective 
hai r r est r aints Effective hair restraints such as hairnets, caps. 
or wrap around visors shall be worn by employees en gag ed in 
the preparation or handling of food to prevent the 
contamination of food or food contact surfaces. Wigs and 
hairspray do not constitute compliance with this Rule. This 
Rule does not a pply to employees such as counter staff who 
only serve beverages and wrapped or packaged foods, hosts, 
hostesses and wait staff if they present a minimal risk of 
contaminating exposed food. 

td) Cooks and othe r kitchen em p loyees shall wea r clean 
oute r clothing. 

M(d) No person who has a communicable or infectious 
disease that can be transmitted by foods, or who is a carrier 
of organisms that cause such a disease, or who has a boil, 
infected wound, or a disease with sudden onset and severe 
symptoms including cough or nasal discharge, shall work in a 
food service establishment in any capacity in which there is a 
likelihood of such person contaminating food or food-contact 
surfaces, with disease-causing organisms or transmitting the 
illness to other persons. 

(e) Employees are allowed to have beverages in areas 
where food is prepared so long as those beverages are 
covered and consumed in a sanitary manner. Beverage 
containers shall not be stored on or above a food contact 



surface and must be handled in a way so as to avoid cross- 
contamination. 

Authority G.S. 130A-248. 

.2617 UTENSILS AND EQUIPMENT 

(a) All eating, drinking, and cooking utensils, tables, 
sinks, cabinets, hoods, shelves, and othe r equipment and 
fixtures used in connection with the o p e r ation of a r estau r ant 
shall be so const r ucted as to be easily cleaned and preparation 
of food shall be kept in good r e p ai r , clean. 

(b) All surfaces with which food or drink comes in contact 
shall consist of smooth, not readily corrodible, non-toxic 
mate r ial, such as stainless steel, p henolic r esin, ma r ble slabs, 
o r tight wood materials in which there are no open cracks or 
joints that will collect food particles and slime, and be r eadily 
accessible fo r cleaning, kept clean. 

(c) Shelves, tables, and counters shall not be covered with 
paper, cardboard, oil cloth, or other absorbent material, and 
shall be free of crevices. Dining table linen or similar dining 
table coverings, if used, shall be kept clean, clean and in 
good r e p ai r . 

(d) Food — se r vice — equi p ment Equipment, sinks and 
microwave ovens shall meet National Sanitation Foundation 
standards, which are adopted by reference in accordance with 
G.S. 150B-14(c). If equipment is not National Sanitation 
Foundation listed, the owner or operator shall submit 
documentation to the Department that demonstrates that the 
equipment is at least equivalent to National Sanitation 
Foundation standards. The Department shall determine if the 
equipment is at least equivalent to National Sanitation 
Foundation standards. In doing so^ if the components of the 
equipment are the same as those meeting NSF standards, then 
the Department shall deem the equipment equivalent. Hot 
water heaters are not required to meet NSF standards. 

(e) Beverage dispensers installed or replaced after the 
effective date of this Rule shall be designed to avoid 
activation by tlie lip of a cug or glass when these dispensers 
are used to refill customer cups or glasses. 

Authority G.S. 130A-248. 

.2618 CLEANING OF EQUIPMENT AND UTENSILS 

(a) All equipment and fixtures shall be kept clean. All 
cloths used by chefs and other employees in the kitchen shall 
be clean. Single-se r vice containe r s shall be used only once. 

(b) Single-Use Articles such as formed buckets, bread 
wrappers, aluminum pie plates and No. 10 cans shall be used 
only once except that containers made of plastic, glass or 
other food grade material having smooth sides and of a 
construction so as to be easily cleaned may be reused. 

ib)(c) All multi-use eating and drinking utensils shall be 
thoroughly washed, rinsed, and subjected to an app r oved a 
bactericidal treatment specified in Rule .2619 of tliis Section 
after each usage. The supply of eating and drinking utensils 
shall be of sufficient quantity to allow washing, rinsing. 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



704 



PROPOSED RULES 



sanitizing and air-drying before re-use. All multi-use utensils 
except pizza pans and similar type pans (not used for table 
service) used in the storage, preparation, cooking, or serving 
of food or drink shall be cleaned and rinsed immediately after 
the days' operations, after each use, or upon completion of 
each meal as indicated. Pizza pans and similar type pans (not 
used for table service) which are continually subjected to high 
temperatures do not require cleaning after each use or day's 
use but shall be kept clean and maintained in good repair. 

fe->(d) In addition to washing and rinsing multi-use utensils 
as indicated in Paragraph (b) of this Rule, preparation 
surfaces which come in contact with potentially hazardous 
foods and are not subjected to heat during routine cooking 
operations shall be sanitized. E.xamples of food contact 
surfaces which must be sanitized are utensils used in 
preparing cold salads and cold beverages, cutting boards, 
table tops, knives, saws, and slicers. For utensils and 
equipment which are either too large or impractical to sanitize 
in a dishwashing machine or dishwashing sink, and for those 
establishments which do not have dishwashing equipment, a 
spray-on or wipe-on sanitizer may be used. When spray-on 
or wipe-on sanitizers are used, the chemical strengths shall be 
those required for sanitizing multi-use eating and drinking 
utensils. 

tdt(e) Hand dishwashing facilities shall consist of an 
approved three-compartment sink of sufficient size and depth 
to submerge, wash, rinse and sanitize utensils and shall have 
splash back protection and drainboards that are an integral 
part of and continuous with the sink. These drainboards shall 
be of a sufficient size to accommodate the drainage of liquids 
of the washed utensils after being sanitized. Air dr>'ing of 
utensils may be accomplished with the use of a drainboard, 
overhead or wall mounted shelves, or with the use of 
stationary or portable r acks, racks or b^; cross-stacking. 

fe^ijQ Where the Department determines that the volume of 
dishes, glasses and utensils to be washed caimot be processed 
in a single warewashing facility, separate dish, glass or 
utensil washing facilities shall be required. Separate 
vegetable washing facilities shall be provided in 
establishments which wash raw vegetables except where plan 
review shows that volume and preparation frequency do not 
require separate vegetable washing facilities or where 
vegetables are purchased prewashed and packaged. 
Establishments which scale or eviscerate fish or wash raw 
poultn,' shall provide separate sinks with preparation space for 
these processes except where plan review shows that volume 
and preparation frequency do not require separate washing 
facilities. 

ffi (g) When dishwashing machines are used, the machines 
shall be approved and shall be fitted with drainboards of 
ample capacity on each side, and include a countersunk sink 
or other approved means for pre-cleaning, pre-tlushing, or 
pre-soaking of the utensils in the dirty dish lane. 
Thermometers indicating the wash and rinse water 
temperatures shall be provided and kept in good repair. 

Hrt(h) When dishwashing machines are used, the machines 
shall be approved on the basis of size, capacity, and type for 



the number of utensils to be washed. Under some conditions, 
as when volume is limited and time permits, glasses may be 
washed with power-driven brushes and passed through 
door-t)'pe machines, which are also used for dishwashing, for 
final rinse and bactericidal treatment. For this method, a 
motor-driven glass-washer and a single-vat sink may suffice. 

tWti) When only single-service eating and drinking utensils 
are used, at least an approved two-compartment sink shall be 
provided. This sink shall be of sufficient size to submerge, 
wash, rinse and sanitize utensils and shall have splash back 
protection and drainboards that are an integral part of and 
continuous with the sink. These drainboards shall be of 
sufficient size to accommodate the drainage of liquids of the 
washed utensils after being sanitized. Air dr}ing of utensils 
may be accomplished with the use of a drainboard, overhead 
or wall mounted shelves, or with the use of stationary or 
portable racks. 

tTtlji Facilities for the heating of water shall be provided. 
Capacity of hot water heating facilities shall be based on 
number and size of sinks, capacity of dishwashing machines, 
and other food service and cleaning needs. Hot water storage 
tanks shall provide a minimum of 130° F (54° C) hot water 
when water is not used for sanitizing; when hot water is used 
for sanitizing, a minimum storage temperature of 140° F (60° 
C) hot water is required. 

tt)(k) No article, polish, or other substance containing any 
cyanide preparation or other poisonous material shall be used 
for the cleaning or polishing of eating or cooking utensils. 

ill In determining the sufficiency of the size of 
drainboards. machine dishwashers and sinks in an 
establishment, the Environmental Health Specialist shall 
consider the number and size of multi-use utensils regularly 
cleaned. For drainboards only, the Specialist shall also 
consider the a\'ailable shelf space, racks and other areas 
which may- be used for air drying. 

Aurhohn G.S. J30A-248. 

.2620 STORAGE AND HANDLING OF UTENSILS 
AND EQUIPMENT 

(a) After bactericidal treatment, utensils shall be air-dried 
and stored above the floor in a clean place. Wherever 
practicable, containers and utensils shall be covered or 
inverted or stored in tight, clean cabinets; and glasses and 
cups shall be stored inverted in a sanitary manner. It shall 
not be considered practicable to invert plates and bowls which 
slide when inverted or cover plates and bowls positioned for 
immediate use during business hours. Utensils and equipment 
shall be handled in such a manner as to pre\'ent 
contamination, and employees shall avoid handling clean 
surfaces that will come in contact with customers' mouths. 

(b) Drain racks, trays, and shelves shall be made of not 
readily corrodible material, and shall be kept clean. These 
items are not required to be made of plastic. 

(c) Spoons, spatulas, dippers, etc., used for dispensing 
frozen desserts shall be kept, when not in use, in dipper wells 
with running water or stored in the food product with the 



705 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



handle extending out of the food or dry stored on a clean 
surface. When these utensils are used to dispense food 
products other than frozen dessens. they shall be kept, when 
not in use, in the product or on a clean surface. 

(d) Single-service utensils shall be purchased only in 
sanitary containers, shall be stored therein in a clean, dry 
place until used, and shall be handled in a sanitary manner. 
Single-service cup dispensers or similar devices shall be used 
when single-service cups are used. Launde r ed table linen and 
cleaning cloths shall be sto r ed in a clean p lace until used. 
Nothing in these Rules shall prohibit the use of plastic bags in 
which single-service cups or similar devices are received as 
the dispenser for those items. 



Authority G.S. 130A-248. 

.1(,1\ DRINKING WATER FOUNTAINS 

(a) Facilities for the dis p ensing of d r inking wate r shall be 
of an a pp roved sanita r y design. If wate r -cooling equi p ment is 
installed, it shall be of a ty p e in which ice does not come in 
contact with the wate r . 

fb) If drinking fountains are provided, they shall meet NSF 
standards, be of approved angle-jet type and shaH be kept 
clean. This Rule shall not be interpreted as prohibiting the 
pitcher service of ice wate r , or the service of bottled water. 

Authority G.S. 130A-248. 

.2622 STORAGE: HANDLING: AND USE OF ICE 

(a) Ice which is to be used in fountain drinks, ice water, 
tea, and coffee, or in connection with the chilling or serving 
of salads, vegetables, or cocktails shall be manufactured from 
an approved water supply and shall be stored and handled in a 
sanitary manner. 

(b) Storage boxes shall be covered, located away from 
sources of contamination, maintained in good repair, and kept 
clean. Storage bins or boxes shall be provided with rims and 
covers designed to exclude spillage and drip. 

(c) Ice grinders, pans, and buckets used in preparing 
chipped or crushed ice shall be protected from contamination, 
thoroughly cleaned between usages, and kept in good repair; 
buckets and other containers used in the transportation of ice 
shall be stored above the floor in a clean place. 

(d) Ice shall be dispensed or transferred with a scoop, 
spoon, or other a ppr oved sanitary method. When not in use. 
an ice scoop or spoon may be stored in the ice with the handle 
protruding or on a clean surface. Ice scoops shall not be 
stored in water. Fountain ice compartments, bowls, buckets, 
or other containers shall be in good repair; frequently washed 
and kept free of scum, rust, etc.; and shall be protected from 
drip, dust, splash, and other means of contamination. Ice 
shall not be received, used, or accepted when there is 
evidence that it is not being handled and transported in a 
sanitary manner. 

(e) Ice machines shall be kept clean. 



Authority G.S. 130A-248. 

.1611 WATER SUPPLY 

(a) The water supply used shall be in accordance with 15 A 
NCAC 18A .1700. 

(b) Prior to the issuance of a permit, non-community water 
supplies shall be listed with the Public Water Supply Section, 
Division of Enviroimiental Health. 

(c) In food service establishments with non-community 
water supplies. Wate r water samples for bacteriological 
analysis shall be collected by the Department and submitted to 
the laboratory section of the Department or another laboratory 
certified by the Department for analysis, and at least annually 
thereafter for bacteriological analysis. 

(d) Cross-connections with sewage lines or unapproved 
water supplies are prohibited. Hot and cold running water 
under pressure shall be provided to food preparation, utensil 
and handwashing areas, and any other areas in which water is 
required for cleaning. Running water under pressure shall be 
provided in sufficient quantity to carry out all food 
preparation, utensil washing, hand washing, cleaning, and 
other water-using operations. 

Authority G.S. 130A-248. 

.2624 TOILET FACILITIES 

(a) Unless specified elsewhere in these Rules. Every every 
restaurant shall be provided with toilet facilities conveniently 
located and readily accessible to employees and customers 
during at all business hours. Unless s p ecified elsewhe r e in 
these Rules, all r estau r ants shall have toilets which a r c 
convenient — and accessible — to em p loyees — and custome r s. 
Toilets for patrons shall be so located that the patrons do not 
pass through the kitchen to enter the toilet rooms. 
Intervening rooms or vestibules, if provided, shall be 
constructed and maintained in accordance with this Rule. 
Toilets shall be in the proximity of the restaurant and under 
control of the management. Floors and walls shall be 
constructed of non-absorbent, washable materials. Floors, 
walls, and ceilings shall be kept clean and in good repair. 
Toilet rooms shall be provided with self-closing doors, and 
kept free of flies and storage. Windows shall be screened if 
used for ventilation. Fixtures shall be kept clean and in good 
repair. 

(b) Signs shall be posted to advise the public of the 
locations and identities of the toilet rooms. Durable, legible 
signs which read that employees must wash their hands before 
returning to work shall be posted o r stenciled conspicuously 
in each employees' toilet room. 

(c) Screens and doors are not required for toilet rooms at 
stadiums or facilities in which toilet rooms open into the 
interior of a building and the exterior doors of the building 
are self-closing. 

(d) All toilet wastes and other sewage shall be disposed of 
in a public sewer system or, in the absence of a public sewer 
system, by an approved sanitary sewage system. 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



706 



PROPOSED RULES 



Authority G.S. 130A-248. 

.2626 DISPOSAL OF WASTES 

(a) All sewage and othe r liquid wastes waste water shall be 
disposed of in a public sewer system or, in the absence of a 
public sewer system, by an approved, properly operating 
sanitary sewage system. 

(b) Garbage shall be collected and stored in standard, 
water-tight garbage cans or other approved containers or 
methods and provided with tightfitting lids. Lids shall be kept 
in place, except for cans inside the kitchen which are being 
used frequently during normal operations. The contents of 
these cans shall be removed frequently and the cans shall be 
washed. These Rules do not require lids to be kept on 
garbage cans or containers which are in use at work stations 
where food is being prepared. 

(c) Garbage and trash t r ash, including tin cans, resulting 
from the restaurant operations shall be removed from the 
building as frequently as may be necessary and disposed of in 
an approved manner. 

(d) Indoor or outdoor facilities Facilities shall be provided 
for the washmg and storage of all garbage cans and mops. 
Cleaning facilities shall include combination faucet, hot and 
cold water, threaded nozzle, and curbed impervious pad 
sloped to drain or other approved facilities or methods. 

(e) Where containerized systems are used for garbage 
storage, facilities shall be provided for the cleaning of such 
systems. In the alternative, a contract for off-site cleaning 
shall constitute compliance with this provision and evidence 
of such contract shall be made available within 21 days to the 
Environmental Health Specialist upon request. 

Authority G.S. 130A-248. 

.2627 FLOORS 

(a) The floors of all rooms in which food is stored, 
prepared, handled, or served, or in which utensils are 
washed, shall be of such construction as to be easily cleaned, 
shall be f r ee of obstacles to cleaning, and shall be kept clean 
and in good repair. Food waste on the floor as a result of 
that day's preparation process is not a violation of these Rules 
so long as the food waste is removed prior to closing and 
within each 24 hour period. 

(b) The floo r a r ea shall be sufficient to accommodate all 
o p e r ations. Floors in areas where food is to be prepared or 
stored may be of sealed concrete, terrazzo, quarry or vinyl 
tile, wood covered with composition flooring or equal, except 
that: 

carpet may be used in wait stations and self-service 

bars. 

there will be no special flooring requirements for 

portable cooking units which may be used in a 

dining room for occasional service at individual 

tables. 

(c) The joints between walls and floors shall be rounded or 
pr ovided with tight molding, or be otherwise constructed to 
provide a tight seal between the floor and wall. 



m 



(d) In all rooms in which water is discharged to the floor, 
or in which floors are subjected to flood-type cleaning, floors 
shall slope to drain and be provided with floor drains. 

(e) Properly maintained carpeting is acceptable in dining 
areas. 

Authority G.S. 130A-248. 

.2628 WALLS AND CEILINGS 

(a) Walls and ceilings of all rooms in which food is stored, 
handled, prepared, or served or in which utensils are washed 
OT stored shall be kept clean and in good repair. Water stains 
on walls or ceilings do not constitute a violation of tliis Rule 
unless mold or mildew are present. 

(b) The walls of kitchens and other rooms used for the 
preparation of food and the washing of utensils shall be 
smooth, smooth and washable and ceilings shall be of the 
same construction, p rovided that acoustical ceiling mate r ial 
may be acce p ted where ventilation pr ecludes the possibility of 
g r ease abso rp tion, and be kept clean. Acceptable wall 
materials include but are not limited to glazed tile; fiberglass 
reinforced panels, stainless steel, wood or metal wall board 
painted with epoxy paint: and brick, cinder blocks, slag 
blocks, or concrete blocks, if glazed, tiled, plastered or filled 
so as to provide a smooth, easily-cleanablc su r face, rega r dless 
of colo r , smooth surface. Ceilings in kitchens and other 
rooms used for the preparation of food or the washing of 
utensils shall be washable. Acceptable materials include, but 
are not limited to perforated or non-perforated vinyl faced 
acoustical tile, FRP panels, and painted wall board. 

(c) The walls and ceilings of the dining rooms and other 
food serving rooms shall be of sound construction. 

(d) The walls and ceilings of dry storage rooms shall be of 
sound construction: however, a washable finish is not 
required. 

(e) The walls and ceilings of the wait stations and bars that 
serve only beverages shall be of sound construction, provided 
that the interior walls of wait stations and bars used for 
preparation of beverages shall be finished to be smooth and 
washable. 

Authority G.S. 130A-248. 

.2630 LIGHTING 

(a) All areas in which food is handled, o r prepared, or in 
which utensils are washed, shall be provided with at least 50 
foot-candles of light on food preparation work levels and at 
utensil washing work levels. At least 10 foot-candles of light 
at 30 inches above the floor shall be provided in all other 
areas, including storage rooms and walk-in units. This shall 
not include dining and lounge areas except during cleaning 
operations. Fixtures shall be kept clean and in good repair. 

(b> In determining whether the li ghting at a particular 
location meets the requirements of this Rule, the 
Environmental Health Specialist shall take the measurement 
with the light meter at tlie level where work is performed or 
at 30 inches above the floor if not at a work station identified 



707 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



PROPOSED RULES 



in Paragraph (a) of this Rule. The Environmental Health 
Specialist shall place the meter on the surface where the 
measurement is to be taken and shall not obstruct the path of 
the light to the surface in question. Instruments used to 
measure lighting shall be maintained and operated bj: the 
Environmental Health Specialist in accordance with the 
manufacturer's instructions so as to insure their accuracy. 

ffr>(c) Light bulbs in food preparation, storage, and display- 
areas shall be shatter-proof or shielded so as to preclude the 
possibility of broken bulbs or lamps falling into food. 
Shatter-proof or shielded bulbs need not be used in food 
storage areas where the integrity of the unopened packages 
will not be affected by broken glass falling onto them and the 
packages, prior to being opened, are capable of being 
cleaned. 

fci(d) Heat lamps shall be protected against breakage by a 
shield surrounding and extending beyond the bulb, leaving 
only the face of the bulb exposed. 

Authority G.S. 130A-248. 

.2632 STORAGE SPACES 

(a) Storage spaces shall be kept clean, clean and f r ee f r om 
unnecessary a r ticles and offensive o r musty odo r s. The 
contents shall be neatly arranged to facilitate cleaning. AH 
sto r age shall be at least 12 in. (30.48 cm.) above the floo r 
when p laced on stationa r y storage units o r 6 in. (15.24 cm.) 
above the floo r when p laced on p o r table sto r age units o r 
othe r wise ar r anged so as to p ermit tho r ough cleaning. 

(b) D r y beans, g r its, flou r , suga r , and simila r food 
pr oducts — shaH — be — stored — in — a ppr oved, — tightly — cove r ed 
containe r s, glass ja r s, o r equal and labeled acco r dingly. All 
items stored in rooms where food or single-service items are 
stored shall be at least 12 in. (30.48 cm.) above the floor 
when placed on stationary storage units or 6 in. (15.24 cm.) 
above the floor when placed on portable storage units or 
otherwise arranged so as to permit thorough cleaning. For 
purposes of this Rule the term "portable" does not require 
wheels. 

(c) Shelves in storage rooms where food or single-service 
items are stored shall be constructed approximately 1 in. 
(2.54 cm.) from the wall, unless tightly stripped or caulked. 
to eliminate c r acks o r r oaches. 

(d) Bulky items shall be stored on slatted shelves or 
movable dollies. 

(e) Foods shall not be sto r ed unde r ex p osed sewe r lines. 
Nothing in this Rule shall prohibit the use of non-absorbent 
wooden shelves which are in good repair in dry storage areas. 

Authority G.S. 130A-248. 

.2633 PREMISES: MISCELLANEOUS 

(a) The premises under control of the management shall be 
kept neat and clean at all times, free of items which provide 
fly or mosquito breeding places or rodent harborages. Waste 
mate r ial, un-used a r ticles, tin cans, rubbish, and other litter 



shall not be pe r mitted to accumulate on the pr emises. There 
shaH — be — ne — fly — or — mosquito — b r eeding — p laces, — rodent 
harbo r ages, o r imd r ained a r eas on the pr emises. 

(b) None of the operations shall be conducted in any room 
used for domestic purposes. A domestic kitchen shall not be 
used in connection with the operation of a restaurant. 

(c) Soiled linens, coats, and aprons shall be kept in 
containers provided for this purpose. Laundered table linen 
and cleaning cloths shall be stored in a clean place until used. 
When toxic mate r ials a r e used in a r estau r ant, a s p ecial area 
fo r sto r age of these mate r ials shall be pr ovided and p lainly 
marked. 

(d) Toxic materials used in a restaurant shall be labeled. A 
special area for storage of these materials shall be provided 
and plainly marked. This requirement shall not apply to 
cleaners and sanitizers used in tlie operation of the restaurant 
that are stored for availability and convenience if the 
materials are stored to prevent the contamination of food, 
equipment, utensils, linens and single-service items. 

Authority G.S. 130A-248. 

.2638 GENERAL REQUIREMENTS FOR 

PUSHCARTS AND MOBILE FOOD UNITS 

(a) A permit shall be issued by the local health department 
which provides sanitation surveillance for the restaurant or 
commissary from which the pushcart or mobile food unit is to 
operate, if the local health department determines that the 
pushcart or mobile food unit complies with these Rules. 

(b) The permit shall be posted on the pushcart or mobile 
food unit. Grade cards shall not be posted. 

(c) The local health department which issues the permit 
shall be provided by individuals receiving a permit a list of 
counties and locations where each pushcart or mobile food 
unit will operate. 

(d) Individuals receiving a permit to operate a pushcart or 
mobile food unit shall provide the local health department in 
each county in which food service operations are proposed a 
list of locations where they will operate. Such lists must be 
kept current. 

(e) Prior to initiating food service operations in a 
particular jurisdiction, the operator of the pushcart or mobile 
food unit shall submit to that particular jurisdiction such carts 
or units for inspection or reinspection to determine 
compliance with this Section. 

(f) Pushcarts or mobile food units shall operate in 
conjunction with a permitted restaurant or commissary and 
shall report at least daily to the restaurant or commissary for 
supplies, cleaning, and servicing. Facilities, in compliance 
with this Section, shall be provided at the restaurant or 
commissary for storage of all supplies. The pushcart shall 
also be stored in an area that protects it from dirt, debris, 
vermin and other contamination. Water faucets used to 
supply water for pushcarts and mobile food units shall be 
protected to prevent contact with chemicals, splash and other 
sources of contamination. Solid waste storage and liquid 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



708 



PROPOSED RULES 



waste disposal facilities must also be provided on the 
restaurant or commissary premises. 

(g) All foods shall be obtained from approved sources and 
shall be handled in a manner so as to be clean, wholesome, 
and free from adulteration. 

(h) All potentially hazardous foods shall be maintamed at 
45° F (7° C) or below or 140- F (60° C) or above, or as 
required in Rule .2609 of this Section. A metal stem-type 
thermometer accurate to ± 2' F. (± 1° C.) shall be available 
to check food temperatures. 

(i) Only single-service eating and drinking utensils shall be 
used in serving customers. Single-service items must be 
properly stored and handled. 

(j) All garbage and other solid waste shall be stored and 
disposed of in an approved manner. 

(k) Employees shall be clean as to their person and 
foodhandling practices. Clean outer clothing and hair 
restraints are required. 

(1) No person who has a communicable or infectious 
disease that can be transmitted by foods, or who is a carrier 
of organisms that cause such a disease, or who has a boil, 
infected wound, or an acute respiratory infection with cough 
and nasal discharge, shall work with a pushcart or mobile 
food unit in any capacity in which there is a likelihood of 
such person contaminating food or food-contact surfaces, with 
disease-causing organisms or transmitting the illness to other 
persons. 

(m) All equipment and utensils shall be easily clcanablc 
and ke p t clean and in good r e p ai r , comply with the rules of 
this Section. 

(n) The pushcart or mobile food unit shall be kept in a 
clean and sanitary condition and be free of flies, roaches, 
rodents, and other vermin. 



(b) Following receipt of the written decision of the 
Envirormiental Health Supervisor or his or her representative 
issued pursuant to Paragraph (a) of this Rule, the permit 
holder who initiated the appeal may appeal that decision to an 
Appeals Officer designated by the Department to be 
responsible for final decisions on appeals from throughout the 
state. Notice of such appeal shall be in writing, shall include 
a copy of the Envirorunental Health Supervisor's or his or her 
representative's decision and shall be mailed or hand- 
delivered to the Local Health Department and to the 
Department within seven days of receipt of the written 
decision issued pursuant to Paragraph (a) of this Rule. 
Within 35 days of receipt of this appeal, the designated 
Appeals Officer shall hold a hearing in Wake County. Notice 
of the time and place of this hearing shall be provided to the 
permit holder and the Envirormiental Health Supervisor for 
the county or area where the issue arose. Within 10 days 
following the date of tlie hearing, the Appeals Officer shall 
issue a written decision addressing the issues raised in the 
appeal and that decision shall be binding for purposes of 
future inspections of the establishment in question. 

icj If tlie decision on appeal at the local or state level 
results in a change in die score resulting from an inspection of 
an establishment, the Environmental Health Specialist shall 
post a new grade card reflecting that new score. 

(d) The decision of the designated Appeals Officer may be 
appealed in accordance with G.S. 150B. 

(e) Nothing in this Rule shall impact the right of a permit 
holder to a reinspection pursuant to Rule .2604 of this 
Section. 

Aurhorin- G.S. 130A-248. 



.2643 APPEALS PROCEDURE 

A pp eals conce r ning the mte rpr etation and enfo r cement of 
the rules in this Section shall be made in acco r dance with 
G.S. 150D. 

laj If a permit holder disagrees with any decision of an 
Environmental Health Specialist in tlie interpretation, 
application or enforcement of tlie rules of this Section, the 
permit holder may request an appeal conference . The request 
shall be in writing and shall be mailed or hand-delivered to 
the local health department within 7 days of the events giving 
rise to the appeal. The request shall briefly state the issues in 
dispute. As soon as possible but at least within 30 days of 
receipt of the request, the Environmental Health Supervisor 
or his or her representative in the county or area where the 
food service establishment is located shall contact the permit 
holder, provide that permit holder an oppormnity to be heard 
on the issues in dispute and issue a written decision 
addressing the issues raised in tlie appeal. That decision shall 
be binding for the purposes of future inspections of the 
establishment in question unless reversed pursuant to 
Paragraph (b) of this Rule. 



709 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 1508-21. 1(e), publication of a temporary rule in the North Carolina Register ser\'es as a notice of rule -making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 



Rule-making Agency: 

Commission 



North Carolina Child Care 



Rule Citation: 10 NCAC 3U .0602 .0604. .0605. .0705 

Effective Date: October 1. 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-maliing: G.S. 143B-168.3 

Reason for Proposed Action: The North Carolina Child 
Care Commission proposes this action to ensure that outdoor 
area equipment and furnishings that are provided in child 
care facilities are child size, sturdy, free of hazards that pose 
a threat of serious injury to children while engaged in normal 
play activities, and in good repair. 

The North Carolina Child Care Commission proposes rules 
that address the factors most likely to be hazardous or pose a 
threat of serious injury to children. This includes preventing 
entrapment and protrusion hazards and providing for fall 
zones, surfacing, and protective barriers. 
Note: 10 NCAC 3U .0604, General Safety Requirements, 
includes text in italics to indicate a previous amendment 
approved by the Rules Review Commission that is pending 
review by the Joint Legislative Administrative Procedure 
Oversight Committee. 

Comment Procedures: Questions or written comments 
regarding this matter may be directed to Nancy Guy, APA 
Coordinator, Division of Child Development, 319 Chapanoke 
Road, P.O. Box 29553. Raleigh. NC 27526-0553; (919) 662- 
4543. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3U - CHILD DAY CARE STANDARDS 

SECTION .0600 - SAFETY REQUIREMENTS FOR 
DAY CARE CENTERS 

.0602 CONDITION OF INDOOR EQUIPMENT 
AND FURNISHINGS 

(a) All equipment and furnishings shall be in good repair 
and shall be maintained in useable condition. All 
commercially manufactured equipment and furnishings shall 
be assembled and installed according to procedures specified 
by the manufacturer. All equi p ment and fu r nishings shall be 
in good r e p ai r and shall be maintained in useable condition. 



(b) Equipment and furnishings shall be sturdy, stable, and 
free of hazards that may injure children including sharp 
edges, lead based paint, loose nails, and s p linte r s, 
pr ot r usions, pinch and crush points, unca pp ed sc r ews and 
othe r haza r ds that may inju r e child r en , splinters. 

(c) All broken equipment or furnishings shall be removed 
from the premises immediately or must be sto r ed so that they 
a r c not accessible made inaccessible to the children. 

(d) — All equipment and su r facing o r de r ed, const r ucted o r 
installed pr io r to Janua r y — h, — 1 996 shall conform to US 
Consume r P r oducts Safety Commission (USCPSC) guidelines 
for p layg r ound safety, including subsequent amendments, by 
Janua r y 1, — 1 999 . — All equipment and su r facing orde r ed, 
constructed o r installed afte r Janua r y 1, 1 99 6 shall confo r m to 
USCPSC guidelines, including subsequent amendments. — A 
copy of th e USCPSC Handbook fo r Public Playg r ound Safety 
can be obtained at no cha r ge by w r iting USCPSC, Office of 
Info r mation and Public Affai r s, Washington, DC, 20207. 

fe) — G r avel shall not be used as a su r facing mate r ial if the 
a r ea will be used by child r en unde r th r ee yea r s of age. 

History Note: Authority G.S. 110-91(6); 143B-168.3; 
Eff. January 1, 1986; 

Amended Eff. January 1, 1996; January 1, 1991; 
Temporary Amendment Eff. October ]_,_ 1997 . 

(Note: Italicized text in the following rule indicates a 
previous amendment to this ride approved by the Rules 
Review Commission and pending review by the Joint 
Legislative Administrative Procedure Oversight Committee.) 
.0604 GENERAL SAFETY REQUIREMENTS 

(a) Potentially hazardous items, such as firearms and 
ammunition, hand and power tools, nails, chemicals, lawn 
mowers, gasoline or kerosene, archery equipment, propane 
stoves, whether or not intended for use by children, shall be 
stored in locked areas or with other appropriate safeguards, 
or shall be removed from the premises. 

(b) Electrical outlets not in use which are located in space 
used by the children shall be covered with safety plugs unless 
located behind furniture or equipment that cannot be moved 
by a child. 

(c) Electric fans shall be mounted out of the reach of 
children or shall be fitted with an appropriate mesh guard to 
prevent access by children. 

(d) All small electrical appliances shall be used only in 
accordance with the manufacturer's instructions. 

(e) Electrical cords shall not be accessible to infants and 
toddlers. Extension cords, except as approved by the local 
fire inspector, shall not be used. Frayed or cracked electrical 
cords shall be replaced. 

(f) All materials used for starting fires, such as matches 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



710 



TEMPORARY RULES 



and lighters, shall be kept in locked storage or shall be stored 
out of the reach of children. 

(g) Smoking shall not be permitted in space used by 
children when children are present. All smoking materials 
shall be kept in locked storage or out of the reach of children. 

(h) Fuel burning heaters, fireplaces and floor furnaces 
shall be provided with a protective screen attached securely to 
substantial supports to prevent access by children and to 
prevent objects from being thrown into them. 

(i) Plants that are toxic shall not be in indoor or outdoor 
space that is used by or is accessible to children. 

(j) The outdoor play area shall be protected by a fence or 
other protection. The height shall be a mmimum of four feet 
and the top of the fence shall be free of protrusions by 
January 1, 1999. The requirement disallowing protrusions 
shall not apply to fences six feet hig h or above . The fencing 
shall exclude fixed bodies of water such as ditches, quarries, 
canals, excavations, and fish ponds. Gates to the fenced 
outdoor play area shall remain securely closed while children 
occupy the area. When the facility uses areas outside the 
fenced outdoor play area for children's activities or takes 
children off the premises for play or outings, the parent of 
each child shall give written permission for the child to be 
included in such activities. The permission may be: 

(1) a one-time, blanket permission for all activities; 

(2) a one-time, blanket permission for a specific 
activity at any time; or 

(3) a one-time permission for a specific activity at a 
designated time. 

The facility shall maintain the signed permission in the child's 
record. When children are taken off the premises, staff 
accompanying the children shall have a list of the names of all 
children participating in the outing. 

(k) Air conditioning units shall be located so that they are 
not accessible to children or shall be fitted with a mesh guard 
to prevent objects from being thrown into them. 

(1) Gas tanks shall be located so they are not accessible to 
the children or shall be in a protective enclosure or 
surrounded by a protective guard. 

(m) Cribs and playpens shall be placed so that the children 
occupying them shall not have access to cords or ropes, such 
as Venetian blind cords. 

(n) Children shall not be allowed to play on outdoor 
equipment that is too hot to touch. 

(0) The indoor and outdoor premises shall be checked 
daily for debris, vandalism and broken equipment. Debris 
shall be removed and disposed of appropriately. 

(p) The playground surface area shall be checked at least 
weekly to assure that surface material is maintained to assure 
continued resiliency. 



(q) Following completion of safety training by the 
administrator or other staff person as required by Rule 
.0705(0 of this Subchapter, a monthly playground inspection 
shall be conducted and a record of each inspection shall be 
completed. This staff person shall use a playground inspection 
checklist provided by the Division. The checklist shall be 
signed by the person who conducts the inspection and shall be 
maintained in the facility's files for review by a 
r e pr esentatives representative of the Division. 

(r) Plastic bags, materials thtm that can be easily torn apart 
such as Styrofoam and foam rubber, and toys and toy parts 
small enough to be swallowed shall not be accessible to 
children under three years of age. Latex and rubber balloons 
shall not be accessible to children under five years of age. 

History Note: Authority G.S. 110-85(1); 110-91 (3), (6); 

1438- 168. 3; 

Eff. January 1, 1991: 

Amended Eff. January 1, 1996: November 1, 1991; 

Temporar,' Amendment Eff. October 1_^ 1997: 

.0605 CONDITION OF OUTDOOR PLAY 
EQUIPMENT 

(a) All equipment shall be in good repair and shall be 
maintained in useable condition. All commercially 
manufactured equipment shall be assembled and installed 
according to procedures specified by the manufacturer. 

(b) Equipment shall be sturdy, stable, and free of hazards 
that are accessible to children during normal supervised play 
including sharp edges, lead based paint, loose nails, splinters, 
protrusions, pinch and crush points. 

(c) All broken equipment shall be removed from the 
premises immediately or made inaccessible to the children. 

(d) Any openings in equipment, steps, decks and handrails 
shall be smaller than 3 1/2" or greater than 92. to prevent 
entrapment. 

(e) All upright angles shall be greater than 55° to prevent 
entrapment and entanglement. 

(f) All stationary outdoor equipment shall be firmly 
anchored over a resilient surface. Footings which anchor 
equipment shall not be exposed. Loose surfacing material 
shall not be installed over concrete. The depth of the 
surfacing that is required shall be based on the critical height 
of the equipment as indicated in tlie chart below. The critical 
height is defined as the maximum height a child may climb. 
sit or stand. Acceptable materials to be used for surfacing 
include the following: wood mulch, double shredded bark 
mulch, uniform wood chips, fine sand, coarse sand, fine 
gravel and medium gravel. 



Critical Heights of Playground Equipment for Various Types 
and Depths of Resilient Surfaces 



711 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



TEMPORARY RULES 





Wood 
Mulch 


Double 
Shredded 
Bark 
Mulch 


Uniform 

Wood 

Chips 


Fine Sand 


Coarse 
Sand 


Fine 
Gravel 


Medium 
Gravel 


Equipment 
Height 






Uncompressed Depths of Material 






five feet or less 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


six feet 


6 inches 


6 inches 


6 inches 


12 inches 


12 inches 


6 inches 


12 inches 


seven feet 


6 inches 


9 inches 


9 inches 


12 inches 


N/A* 


9 inches 


N/A* 


eiaht feet 


9 inches 


9 inches 


12 inches 


12 inches 


N/A* 


12 inches 


N/A* 


nine feet 


9 inches 


9 inches 


12 inches 


12 inches 


N/A* 


12 inches 


N/A* 


ten feet 


9 inches 


9 inches 


12 inches 


N/A* 


N/A* 


12 inches 


N/A* 


eleven feet 


12 inches 


12 inches 


12 inches 


N/A* 


N/A* 


N/A* 


N/A* 



*This type of material is not allowed due to lack of scientific testing of shock-absorbing properties at this height. 



Other materials that have been certified by the manufacturer to be shock-absorbing resilient material in accordance with ASTM 
Standard 1292. may be used only if installed, maintained and replaced according to the manufacturer's instructions. Gravel 
shall not be used if the area will be used by children under three years of age. 

( g) The resilient surfacing shall extend beyond the external limits of the equipment for a minimum of six feet. The area 
which is required to have the resilient surfacing is the area under and around the equipment where the child is likely to fall and 
it is called the fall zone. Fall zones may overlap in three situations: between two swing structures, around spring rockers, or 
around equipment that is less than 24 inches in height. 

(h) Swings shall have resilient surfacing that extends two times the length of the pivot point to the surface below. The 
surfacing shall be to the front and rear of the swing. Enclosed tot swings shall have resilient surfacing that extends two times 
the length of the pivot point to the bottom of the swing seat. The surfacing shall be to the front and rear of the swing. Tot 
swings are defined as those enclosed swing seats used solely by children one year of age and under. Tire swings shall have 
resilient surfacing that extends a distance of six feet plus the measurement from the pivot point to the swing seat and six feet to 
the side of the support structure. 

£1} Swing seats shall be made of plastic or soft or flexible material. 

iXi Elevated platforms shall have a guardrail or protective barrier, depending upon the height of the platform and the age of 
children that will have access to the piece of equipment. All sides of platforms shall be protected except for the area which 
allows entry or exit. Guardrails shall prevent inadvertent or unintentional falls off the platform. Protective barriers shall 
prevent children from climbing over or through the barrier. The critical height for a platform with a protective barrier is the 
platform surface: the critical height for a platform with a guardrail is the top of the guardrail. Measurements for the guardrails 
and protective barriers are stated below: 

(1) Equipment used by preschool and school-age children: 

(A} Guardrails - an elevated surface that is more than 20 inches and no more than 30 inches above the underlying 
surface shall have a guardrail. The minimum height of the tog surface of the guardrail shall be at least 38 
inches high and the lower edge shall be no more than 23 inches above the platform. 

(B) Protective Barriers ; an elevated surface that is more than 30 inches above the underlying surface shall have a 
protective barrier. The minimum height of the to p surface of the protective barrier shall be at least 38 inches 
hi gh. 

(2) Equipment used exclusively by preschool children: 

(A) Guardrails - an elevated surface that is more than 20 inches and no more than 30 inches above the underlying 
surface shall have a guardrail . The minimum height of the tog surface of the guardrail shall be at least 29 
inches high and the lower edge shall be no more than 23 inches above the platform. 

(B) Protective Barriers - an elevated surface that is more than 30 inches above the underlying surface shall have a 
protective barrier. The minimum height of tlie tog surface of the protective barrier shall be at least 29 inches 
high. 

(3) Equipment used exclusively by school-age children: 

(A) Guardrails - an elevated surface that is more than 30 inches and no more than 48 inches above the underlying 
surface shall have a guardrail. The minimum height of the tog surface of the guardrail shall be at least 38 
inches high and the lower edge shall be no more than 26 inches above the platform. 

£BJ Protective Barriers - an elevated surface that is more than 48 inches above the underlying surface shall have a 



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protective barrier. The minimum height of the to p surface of the protective barrier shall be at least 38 inches 

high. 
(k) All equipment and surfacing ordered, constructed or installed on or after October L, 1997 shall conform to all the 
requirements m this Rule. All equipment and surfacing ordered, constructed, or installed prior to October L. 1997 shall 
conform to Paragraphs (a) through (c) in this Rule. All equipment and surfacing ordered, constructed, or installed prior to 
October i^ 1997 shall conform with Paragraphs (d) through (ji in this Rule by January' 1. 2000. 



History Note: Authority G.S. 110-91(6): 1438- 168. 3; 
Temporar\' Adoption Eff. October 1. 1997. 

SECTION .0700 - HEALTH AND OTHER 
STANDARDS FOR CENTER STAFF 

.0705 SPECIAL TRAINING REQLTREMENTS 

(a) At least one staff member shall be knowledgeable of 
and able to recognize common contagious and infectious 
diseases. 

(b) Staff who have completed a course in basic first aid in 
the last three years shall be present at the facility at all times 
children are present. The number of staff required to 
complete the course shall be based on the number of children 
present in the facilit>- as shown in the following chart: 
Number of children present Number of staff required 

1-29 1 staff 

30-79 2 staff 

80 and above 3 staff 

Verification of each required staff person's completion of this 
course shall be maintained in the person's individual 
personnel file in the facility. The basic first aid course at a 
minimum shall address principles for responding to 
emergencies, rescue breathing, and techniques for handling 
common childhood injuries, accidents and illnesses such as: 
choking, bums, fractures, bites and stings, wounds, scrapes, 
bruises, cuts and lacerations, poisoning, seizures, bleeding, 
allergic reactions, eye and nose injuries and sudden changes 
in body temperature. 

(c) A first aid information sheet shall be posted in a 
prominent place for quick referral. Copies of this form may 
be requested from the Medical Societ)- of the State of Nonh 
Carolina. P.O. Box 27167, Raleigh, North Carolina, 27611. 

(d) Each day care facility shall have at least one person on 
the premises at all times who has successfulh' completed a 
cardiopulmonary resuscitation (CPR) course pro\ided b_\' 
either the American Heart Association or the American Red 
Cross within the last 12 months. Successfully completed is 
defined as demonstrating competency, as evaluated by the 
instructor, in performing CPR. The course shall provide 
training in CPR appropriate for the ages of children m care. 
Documentation of successful completion of the course from 
the American Heart Association or the .American Red Cross 
shall be on file in the facility. 

(e) There shall be at least two staff, including the 
administrator, who have completed at least four clock hours 
of training in safety. At a minimum, this training shall 
address playground safety hazards, playground supers'lsion. 
maintenance and general upkeep of the outdoor area, and age 
and deN-elopmentally appropriate playground equipment. 



Each day ca r e facility shall have until Januar," 1. 1997 fo r the 
r equi r ed numbe r of staff p eo p le to obtain this t r aining. 
Administ r ato r s hi r ed afte r July 1, 1 99 6 shall have six months 
f r om the date of employment to obtain the t r aining . Staff 
counted to comph' with this rule shall ha\e si.x months from 
the date of emplo>ment, or from the date a vacancy occurs, 
to complete the required safety" training. 

Histor\- Note: Authority G.S. 1 10-91(1} (8): 143B-168.3: 

Eff. January 1, 1986: 

.Amended Eff. January 1. 1996: January 1, 1992: January 1. 

1991: Januar.- 1. 1987: 

Temporary Amendment Eff. October L. 1997: 



TITLE 15A - DEPARTMENT OF EN\ IRON'MENT, 
HEALTH, AND NATURAL RESOURCES 

Rule-making Agency: EHNR - Environmental Management 
Commission 

Rule Citation: 15A NCAC 21 .0106. .0115: 2N .0701. 
.0707: 2P .0402 

Effective Date: January 2. 1998 

Findings Reviewed by Beecher R. Gray: Approved 

Authority for the rule-making: G.S. 143-215-2: 143- 
215.3(a)(1): 143-215. 3(a)(15): 143-215. 94A: 143-215. 94B: 
143-21 5. 94D: 143-21 5. 94E: 143-21 5. 94L: 143-21 5. 94T: 143- 
215.94V: 143B-282: 150B-21.6: 1995 (Reg. Sess.j 
1996)c.648. s.l. 

Reason for Proposed Action: 15A NCAC 2L .0106 - to 

specif}, the procedures for conducting corrective action where 
groundwater quality has been degraded to restore 
groundwaters to the level of the standards or as close thereto 
as is economically and technologically feasible. Changes lo 
15A NCAC 2L .0106 are to provide for groundwater cleanups 
consistent with the adoption of 15A NCAC 2L .01 15 (Risk 
Based Assessment and Corrective Action for Petroleum 
Underground Storage Tanks). In giving approval of a 
temporary nde for 15A NCAC 2L .0106. the Environmental 
Management Commission gave approval such that the 
previous Temporary Rule amendment to 15A NCAC 2L 



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.0106(r) and (s) that became effective January 2, 1996 is 
amended. 15A NCAC 2L .0115 - to specify a risk-based 
approach to the assessment of risk and corrective action 
consistent with NCGS 143-21 5.94V and Senate Bill 1317 
{1995 [Reg. Sess. 1996} c.648}. This rule defines a tiered 
approach to site assessment that will result in the 
classification of contaminated sites into three risk categories 
and define appropriate release responses for the respective 
categories. 15A NCAC 2N .0701 - to specify that the criteria 
under which Federal Regulations have been adopted by 
reference in the rules of the state consistent with recent 
legislative changes. This amendment further specifies that the 
requirements and standards for corrective action in the State 
of North Carolina will be 15A NCAC 2L. Changes are to 
provide consistency with other rule changes made to 
implement risk based corrective action pursuant to NCGS 
1 43-21 5-94V and 1995 (Reg. Sess. 1996) c.648, s.l. 15A 
NCAC 2N .0707 - specifies the criteria under which Federal 
Regulations governing the provision for a corrective action 
plan have been incorporated by reference in the rules of the 
state and specifies the cleanup requirements for development 
and submittal of corrective action plans. Changes are to 
provide consistency with other rule changes made to 
implement risk based corrective action pursuant to NCGS 
143-21 5-94V and 1995 (Reg. Sess. 1996) c.648, s.l. 15A 
NCAC 2P .0402 - to establish the conditions under which 
disbursements of funds occur through the Commercial Leaking 
Petroleum Underground Storage Tank Cleanup Trust Funds. 
This rulemaking is intended to assure that state trust fund 
reimbursements are continued for sites that pose the greatest 
risk and to reduce the demand on trust funds for those sits 
that are not a threat to public health or the environment. In 
giving approval of a temporary rule for ISA NCAC 2P .0402, 
the Environmental Management Commission gave approval 
such that the previous Temporary Rule amendment to 15A 
NCAC 2P .0402 that became effective January 2, 1996 is 
amended. 

Comment Procedures: No comments will be accepted for 
this temporary rule. No abbreviated notice will be provided 
to the public of the temporary rule. In giving approval for 
these Temporary Rules, the Environmental Management 
Commission deemed that an abbreviated notice to obtain 
additional public comment was unnecessary. This is because 
the text of 15A NCAC 2L .0106 was developed as a result of 
public hearings held in March 1997 for a permanent rule 
previously noticed in the North Carolina Register pursuant to 
NCGS 150B. The text of this temporary rule is the same as 
the text of the permanent 15A NCAC 2L .0106 that was 
presented to the Environmental Management Commission on 
September 11, 1997. This permanent rule is identified as one 
of the rules in EHNR Rulemaking Number 2100 (Risk Based 
Corrective Action for Petroleum Underground Storage 
Tanks). Upon becoming effective, copies of this temporary 
rule may be obtained from the Division of Water Quality - 
Groundwater Section, 2728 Capital Boulevard, PO Box 



29578. Raleigh, North Carolina, 27626-0578. It is 
anticipated that the permanent rules will become effective in 
August 1998 and will supersede the temporary rules that are 
to go into effect on January 2, 1998. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2L - GROUNDWATER 
CLASSIFICATION AND STANDARDS 

SECTION .0100 - GENERAL CONSIDERATIONS 

.0106 CORRECTIVE ACTION 

(a) Where groundwater quality has been degraded, the goal 
of any required corrective action shall be restoration to the 
level of the standards, or as closely thereto as is economically 
and technologically feasible. In all cases involving requests 
to the Director for approval of corrective action plans, or 
termination of corrective action, the responsibility for 
providing all information required by this Rule lies with the 
person(s) making the request. 

(b) Any person conducting or controlling an activity which 
results in the discharge of a waste or hazardous substance or 
oil to the groundwaters of the State, or in proximity thereto, 
shall take immediate action to terminate and control the 
discharge, mitigate any hazards resulting from exposure to 
the pollutants and notify the Division of the discharge. 

(c) Any person conducting or controlling an activity which 
has not been permitted by the Division and which results in 
an increase in the concentration of a substance in excess of 
the standard, other than agricultural operations, shall: 

(1) immediately notify the Division of the activity that 
has resulted in the increase and the contaminant 
concentration levels; 

(2) take immediate action to eliminate the source or 
sources of contamination; 

(3) submit a report to the Director assessing the cause, 
significance and extent of the violation; and 

(4) implement an approved corrective action plan for 
restoration of groundwater quality in accordance 
with a schedule established by the Director, or his 
designee. In establishing a schedule the Director, 
or his designee shall consider any reasonable 
schedule proposed by the person submitting the 
plan. A report shall be made to the Health Director 
of the county or counties in which the 
contamination occurs in accordance with the 
requirements of Rule .01 14(a) in this Section. 

(d) Any person conducting or controlling an activity which 
is conducted imder the authority of a permit issued by the 
Division and which results in an increase in concentration of a 
substance in excess of the standards: 

(1) at or beyond a review boundary, shall demonstrate, 
through predictive calculations or modeling, that 
natural site conditions, facility design and 
operational controls will prevent a violation of 



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standards at the compliance boundary; or submit a 
plan for alteration of existing site conditions, 
facility design or operational controls that will 
prevent a violation at the compliance boundary, and 
implement that plan upon its approval by the 
Director, or his designee. 
(2) at or beyond a compliance boundar>', shall assess 
the cause, significance and extent of the violation of 
standards and submit the results of the 
investigation, and a plan and proposed schedule for 
corrective 
action to the Director, or his designee. The permittee 
shall implement the plan as approved by and in 
accordance with a schedule established by the Director, 
or his designee. In establishing a schedule the 
Director, or his designee shall consider any reasonable 
schedule proposed by the permittee. 

(e) For the purposes of Paragraphs (c) and (d) of this Rule, 
an activit\' conducted under the authority of a permit issued 
by the Division, and subject to Paragraph (d) of this Rule, is 
one for which: 

(1) a permit has been issued pursuant to G.S. 
143-215.1: 

(2) the permit was originally issued after December 30, 
1983: 

(3) the substance for which a standard has been 
exceeded outside the compliance boundary has been 
released to groundwater as a result of the permitted 
activity; 

(4) all other activities shall for the purpose of this Rule 
be deemed not permitted by the Division and 
subject to the provisions of Paragraph (c) of this 
Rule. 

(f) Corrective action required following discovery of the 
unauthorized release of a contaminant to the surface or 
subsurface of the land, and prior to or concurrent with the 
assessment required in Paragraphs (c) and (d) of this Rule, 
shall include, but is not limited to: 

(1) Prevention of fire, explosion or the spread of 
noxious fumes; 

(2) Abatement, containment or control of the migration 
of contaminants: 

(3) Removal, or treatment and control of any primary 
pollution source such as buried waste, waste 
stockpiles or surficial accumulations of free 
products; 

(4) Removal, treatment or control of secondary 
pollution sources which would be potential 
continuing sources of pollutants to the groundwaters 
such as contaminated soils and non-aqueous phase 
liquids. Contaminated soils which threaten the 
quality of groundwaters must be treated, contained 
or disposed of in accordance with applicable rules 
and procedures established by the Division. The 
treatment or disposal of contaminated soils shall be 
conducted in a manner that will not result in a 
violation of standards or North Carolina Hazardous 



Waste Management rules. 
(g) The site assessment conducted pursuant to the 
requirements of Paragraph (c) of this Rule, shall include: 

( 1 ) The source and cause of contamination; 

(2) Any imminent hazards to public health and safety 
and actions taken to mitigate them in accordance 
with Paragraph (f) of this Rule; 

(3) All receptors and significant exposure pathways; 

(4) The horizontal and vertical extent of soil and 
groundwater contamination and all significant 
factors affecting contaminant transport; and 

(5) Geological and hydrogeological features influencing 
the movement, chemical, and physical character of 
the contaminants. 

Reports of site assessments shall be submitted to the Division 
as soon as practicable or in accordance with a schedule 
established by the Director, or his designee. In establishing a 
schedule the Director, or his designee shall consider any 
reasonable proposal by the person submitting the report. 

(h) Corrective action plans for restoration of groundwater 
quality, submitted pursuant to Paragraphs (c) and (d) of this 
Rule shall include: 

(1) A description of the proposed corrective action and 
reasons for its selection. 

(2) Specific plans, including engineering details where 
applicable, for restoring groundwater quality. 

(3) A schedule for the implementation and operation of 
the proposed plan. 

(4) A monitoring plan for evaluating the effectiveness 
of the proposed corrective action and the movement 
of the contaminant plume. 

(i) In the evaluation of corrective action plans, the 
Director, or his designee shall consider the extent of any 
violations, the extent of any threat to human health or safety, 
the extent of damage or potential adverse impact to the 
environment, technology available to accomplish restoration, 
the potential for degradation of the contaminants in the 
environment, the time and costs estimated to achieve 
groundwater quality restoration, and the public and economic 
benefits to be derived from groundwater quality restoration. 

(j) A corrective action plan prepared pursuant to Paragraph 
(c) or (d) of this Rule must be implemented using the best 
available technology for restoration of groundwater quality to 
the level of the standards, except as provided in Paragraphs 
(k), (1), and (m) (m), Irj and [sj of this Rule, 

(k) Any person required to implement an approved 
corrective action plan for a non-permitted site pursuant to this 
Rule may request that the Director approve such a plan 
without requiring groundwater remediation to the standards. 
A request submitted to the Director under this Paragraph shall 
include a description of site specific conditions, including 
information on the availability of public water supplies for the 
affected area; the technical basis for the request; and any 
other information requested by the Director to thoroughly 
evaluate the request. In addition, the person making the 
request must demonstrate to the satisfaction of the Director: 
( 1 ) that all sources of contamination and free product 



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have been removed or controlled pursuant to 
Paragraph (f) of this Rule; 

(2) that the time and direction of contaminant travel 
can be predicted with reasonable certainty; 

(3) that contaminants have not and will not migrate 
onto adjacent properties, or that: 

(A) such properties are served by an existing 
public water supply system dependent on 
surface waters or hydraulically isolated 
groundwater, or 

(B) the owners of such properties have consented 
in writing to the request; 

(4) that the standards specified in Rule .0202 of this 
Subchapter will be met at a location no closer than 
one year time of travel upgradient of an existing or 
foreseeable receptor, based on travel time and the 
natural attenuation capacity of subsurface materials 
or on a physical barrier to groundwater migration 
that exists or will be installed by the person making 
the request; 

(5) that, if the contaminant plume is expected to 
intercept surface waters, the groundwater discharge 
will not possess contaminant concentrations that 
would result in violations of standards for surface 
waters contained in 15A NCAC 2B .0200; 

(6) that public notice of the request has been provided 
in accordance with Rule .01 14(b) of this Section; 

(7) that the proposed corrective action plan would be 
consistent with all other environmental laws. 

(1) Any person required to implement an approved 
corrective action plan for a non-permitted site pursuant to this 
Rule may request that the Director approve such a plan based 
upon natural processes of degradation and attenuation of 
contaminants. A request submitted to the Director under this 
Paragraph shall include a description of site specific 
conditions, including written documentation of projected 
groundwater use in the contaminated area based on current 
state or local government planning efforts; the technical basis 
for the request; and any other information requested by the 
Director to thoroughly evaluate the request. In addition, the 
person making the request must demonstrate to the 
satisfaction of the Director: 

(1) that all sources of contamination and free product 
have been removed or controlled pursuant to 
Paragraph (0 of this Rule; 

(2) that the contaminant has the capacity to degrade or 
attenuate under the site-specific conditions; 

(3) that the time and direction of contaminant travel 
can be predicted with reasonable certainty; 

(4) that contaminant migration will not result in any 
violation of applicable groundwater standards at any 
existing or foreseeable receptor; 

(5) that contaminants have not and will not migrate 
onto adjacent properties, or that: 

(A) such properties are served by an existing 
public water supply system dependent on 



surface waters or hydraulically isolated 
groundwater, or 
(B) the owners of such properties have consented 
in writing to the request; 

(6) that, if the contaminant plume is expected to 
intercept surface waters, the groundwater discharge 
will not possess contaminant concentrations that 
would result in violations of standards for surface 
waters contained in 15A NCAC 2B .0200; 

(7) that the person making the request will put in place 
a groundwater monitoring program sufficient to 
track the degradation and attenuation of 
contaminants and contaminant by-products within 
and down gradient of the plume and to detect 
contaminants and contaminant by-products prior to 
their reaching any existing or foreseeable receptor 
at least one year's time of travel upgradient of the 
receptor and no greater than the distance the 
groundwater at the contaminated site is predicted to 
travel in five years; 

(8) that all necessary access agreements needed to 
monitor groundwater quality pursuant to 
Subparagraph (7) of this Paragraph have been or 
can be obtained; 

(9) that public notice of the request has been provided 
in accordance with Rule .0114(b) of this Section; 
and 

(10) that the proposed corrective action plan would be 
consistent with all other environmental laws. 

(m) The Division or any person required to implement an 
approved corrective action plan for a non-permitted site 
pursuant to this Rule may request that the Director approve 
termination of corrective action. 

(1) A request submitted to the Director under this 
Paragraph shall include: 

(A) a discussion of the duration of the corrective 
action, the total project's cost, projected 
annual cost for continuance and evaluation of 
the success of the corrective action; 

(B) an evaluation of alternate treatment 
technologies which could result in further 
reduction of contaminant levels projected 
capital and annual operating costs for each 
technology; 

(C) effects, including health and safety impacts, 
on groundwater users if contaminant levels 
remain at levels existing at the time 
corrective action is terminated; and 

(D) any other information requested by the 
Director to thoroughly evaluate the request. 

(2) In addition, the person making the request must 
demonstrate to the satisfaction of the Director: 

(A) that continuation of corrective action would 
not result in a significant reduction in the 
concentration of contaminants (At a 
minimum this demonstration must show the 



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duration and degree of success of existing 
remedial efforts to attain standards and 
include a showing that the asymptotic slope 
of the contaminants curve of decontamination 
is less than a ratio of 1 :40 over a term of one 
year based on quarterly sampling); 

(B) that contaminants have not and will not 
migrate onto adjacent propenies. or that: 

(i) such properties are served by an 
existing public water supply system 
dependent on surface waters or 
hydraulically isolated groundwater, or 

(ii) the owners of such properties have 
consented in writing to the request; 

(C) that, if the contaminant plumes expected to 
intercept surface waters, the groundwater 
discharge will not possess contammant 
concentrations that would result in violations 
of standards for surface waters contained in 
15A NCAC 2B .0200; 

(D) that public notice of the request has been 
provided m accordance with Rule .01 14(b) of 
this Section; and 

(E) that the proposed termination would be 
consistent with all other environmental laws. 

(3) The Director shall not authorize termination of 
corrective action for any area that, at the time the 
request is made, has been identified by a state or 
local groundwater use plarming process for resource 
development. 

(4) The Director may authorize the termination of 
corrective action, or amend the corrective action 
plan after considering all the information in the 
request. Upon termination of corrective action, the 
Director shall require implementation of a 
groundwater monitoring program sufficient to track 
the degradation and attenuation of contaminants at a 
location of at least one year's predicted time of 
travel upgradient of any existing or foreseeable 
receptor. The monitoring program shall remain in 
effect until there is sufficient evidence that the 
contaminant concentrations have been reduced to 
the level of the standards. 

(n) Upon a determination by the Director that continued 
corrective action would result in no significant reduction in 
contaminant concentrations, and the contaminated 
groundwaters can be rendered potable by treatment using 
readily available and economicalh- reasonable technologies, 
the Director may designate the remaining area of degraded 
groimdwater RS. Where the remaining degraded 

groundwaters cannot be made potable by such treatment, the 
Director may consider a request for reclassitlcation of the 
groundwater to a GC classification as outlined in Rule .0201 
of this Subchapter. 

(o) If at any time the Director determines that a new 
technology is available that would remediate the contaminated 
groundwater to the standards specified in Rule .0202 of this 



Subchapter, the Director may require the responsible party to 
evaluate the economic and technological feasibility of 
implementing the new technology in an active groundwater 
corrective action plan in accordance with a schedule 
established by the Director. The Director's determination to 
utilize new technology at any site or for any particular 
constituent shall include a consideration of the factors in 
Paragraph (h) of this Rule. 

(p) Where standards are exceeded as a result of the 
application of pesticides or other agricultural chemicals, the 
Director shall request the Pesticide Board or the Department 
of Agriculture to assist the Division of Environmental 
Management in determining the cause of the violation. If the 
violation is determined to have resulted from the use of 
pesticides, the Director shall request the Pesticide Board to 
take appropriate regulatory action to control the use of the 
chemical or chemicals responsible for, or contributing to, 
such violations, or to discontinue their use. 

(q) The approval pursuant to this Rule of any corrective 
action plan, or modification or termination thereof, which 
permits the migration of a contaminant onto adjacent 
property, shall not affect any private right of action by any 
party which may be effected by that contamination. 

tr] If a discharge or release is not governed by 15A NCAC 
2L .01 15 and the increase in the concentration of a substance 
in excess of the standard resulted in whole or in part from a 
release from a commercial or noncommercial underground 
storage tank as defined in G.S. 143-2 15. 94 A. anv person 
required to implement an approved corrective action plan 
pursuant to this Rule and seeking reimbursement for the 
Commercial or Noncommercial Leaking Petroleum 
Underground Storage Tank Cleanup Funds shall implement a 
correcti\e action plan meeting the requirements of Paragraphs 
Ik] or ill of this Rule unless such a person demonstrates to the 
Director that: 

( 1) contamination resulting from the discharge cannot 
qualify' for approval of a plan based on the 
requirements of the Paragraphs; or 

(2) the cost of making such a demonstration would 
exceed the cost of implementing a corrective action 
plan submitted pursuant to Paragraph (c) of this 
Rule. 

is] It' a discharge or release is not governed by 15A NCAC 
2L .0115 and the increase in die concentration of a substance 
in excess of the standard resulted in whole or in part from a 
release from a commercial or noncommercial underground 
storage tank as defined in G.S. 143-215. 94A. the Director 
may require any person implementing or operating a 
previoush approved corrective action plan pursuant to this 
Rule to: 

( 1) develop and implement a corrective action plan 
meeting the requirements of Paragraphs (k) and il] 
of this Rule; or 

(2) seek discontinuance of corrective action pursuant to 
Paragraph (m) of Ms Rule. 

Histon.- Note: Auihorin G.S. 143-215.2: 143-215. 3(a)(1): 



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143-21 5. 94A: 143-215.94(7): 143-21 5.94V; 143B-282; 1995 

(Reg. Sess.; 1996) c. 648, s. 1: 

Eff. August 1. 1989; 

Temporan' Amendment Eff. Januar,' 2^ 1998. 

.0115 RISK-BASED ASSESSMENT AND 

CORRECTIVE ACTION FOR PETROLEUM 
UNDERGROUND STORAGE TANKS 

(a) The purpose of this Rule is to establish procedures for 
risk-based assessment and corrective action sufficient to: 

(1) protect human health and the environment: 

(2) abate and control contamination of the waters of the 
State as deemed necessary to protect human health and the 
environment: 

(3) permit management of the State's groundwaters to 
protect their designated current usage and potential future 
uses: 

(4) provide for anticipated future uses of the State's 
groundwater: 

(5) recognize the diversity of contaminants, the State's 
geology and the characteristics of each individual 
site: and 

(6) accomplish these goals in a cost-efficient manner to 
assure the best use of Ae limited resources 
available to address groundwater pollution within 
the State. 

(b) This Rule applies to any discharge or release from a 
"commercial underground storage tank" or a "noncommercial 
underground storage tank." as those terms are defined in G.S. 
143-215. 94A. which is reported on or after the effective date 
of this Rule. This Rule shall apply to any discharge or 
release from a "commercial underground storage tank" or a 
"noncommercial underground storage tank." as those terms 
are defined in G.S. 143-215. 94A which is reported before the 
effective date of this Rule as provided in Paragraph (r) of this 
Rule. The requirements of this Rule shall apply to the owner 
and operator of the underground storage tank from which the 
discharge or release occurred, a landowner seeking 
reimbursement from the Commercial Leaking Underground 
Storage Tank Fund or the Noncommercial Leaking 
Underground Storage Tank Fund under G.S. 143-215. 94E. 
and any other person responsible for the assessment or 
cleanup of a discharge or release from an underground 
storage tank, including any person who has conducted or 
controlled an activity which results in the discharge or release 
of petroleum or petroleum products as defined in G.S. 143- 
215.94A(10) to the groundwaters of the State, or in proximity 
thereto: these persons shall be collectively referred to for 
purposes of this Rule as the "responsible party." This Rule 
shall be applied in a manner consistent with the Rules found 
in 15A NCAC 2N in order to assure that the State's 
requirements regarding assessment and cleanup from 
underground storage tanks are no less stringent than Federal 
requirements. 

(c) A responsible party shall: 

(1) take immediate action to prevent any further 



discharge or release of petroleum from the 
underground storage tank: identify and mitigate any 
fire, explosion or vapor hazard: remove any free 
product: and comply with the requirements of Rules 
.0601 through .0604 and .0701 through .0703 and 
.0705 of Subchapter 2N: 

(2) incorporate the requirements of 15A NCAC 2N 
.0704 into the submittal required under 
Subparagraph (3) of tliis Paragraph or tlie limited 
site assessment report required under Subparagraph 
(4) of this Paragraph, whichever is applicable. 
Such submittals shall constitute compliance with the 
reporting requirements of 15A NCAC 2N .0704(b): 

(3) submit within 90 days of the discovery of the 
discharge or release a soil contamination report 
containing information sufficient to show that 
remaining unsaturated soil in tlie side walls and at 
the base of the excavation does not contain 
contaminant levels which exceed either the "soil-to- 
groundwater" or the residential maximum soil 
contaminant concentrations established by the 
Department pursuant to Paragraph (m> of this Rule, 
whichever is lower. If such showing is made, the 
discharge or release shall be classified as low risk 
by the Department: 

(4) if tlie required showing cannot be made under 
Subparagraph (3) of tlm Paragraph, submit within 
120 days of the discovery of the discharge or 
release, or within such other time limit approved by 
the Department, a report containing information 
needed by the Department to classify the level of 
risk to human health and the environment posed by 
a discharge or release under Paragraph (d) of this 
Rule. Such report shall include, at a minimum: 
(A) a location map, based on a USGS 

topographic map, showing the radius of 1500 
feet from the source area of a confirmed 
release or discharge and depicting all water 
supply wells, surface waters and designated 
wellhead protection areas as defined in 42 
use 300h-7(e) within the 15QQ-foot radius. 
For purposes of this Rule, source area means 
point of release or discharge from the 
underground storage tank system: 

(B> a determination of whether the source area of 
the discharge or release is within a 
designated wellhead protection area as 
defined in 42 USC 300h-7(e): 

(C) if tlie discharge or release is in the Coastal 
Plain physiographic region as designated on a 
map entitled "Geology of North Carolina" 
published by tlie Department in 1985. a 
determination of whether the source area of 
the discharge or release is located in an area 
in which there is recharge to an unconfined 
or semi-confined deeper aquifer which is 



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718 



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being used or may be used as a source of 
drinking water; 

(D) a determination of whether vapors from the 
discharge or release pose a threat of 
explosion due to the accumulation of vapors 
in a confined space or pose any other serious 
threat to public health, public safety or the 
environment: 

(E) scaled site map(s) showing the location of the 
following which are on or adjacent to the 
property where the source is located: site 
boundaries, roads, buildings, basements, 
floor and storm drains, subsurface utilities, 
septic tanks and leach fields, underground 
storage tank systems, monitoring wells, 
borings and the sampling points: 

(F) the results from a limited site assessment 
which shall include: 

tli the analytical results from soil samples 
collected during the construction of a 
monitoring well installed in the source 
area of each confirmed discharge or 
release from a noncommercial or 
commercial underground storage tank 
and either the analytical results of a 
groundwater sample collected from the 
well or. if free product is present in 
the well, the amount of free product in 
the well. The soil samples shall be 
collected every five feet in the 
unsaturated zone unless a water table 
is encountered at or greater than a 
depth of 25 feet from land surface in 
which case soil samples shall be 
collected every 10 feet in the 
unsaturated zone. The soil samples 
shall be collected from suspected 
worst-case locations exhibiting visible 
contamination or elevated levels of 
volatile organic compounds in the 
borehole : 
(ii) if any constituent in tlie groundwater 
sample from the source area 
monitoring well installed in 
accordance with Subpart (jj of this 
Part exceeds the standards or interim 
standards es tablished in 15A NCAC 
2L .0202 by a factor of 10 and is a 
discharge or release from a 
commercial underground storage tank, 
the analytical results from a 
groundwater sample collected from 
each of four additional monitoring 
wells or. if free product is present in 
any of the wells, the amount of free 
product in such well. The four 
additional monitoring wells will be 



installed as follows: as best as can be 

determined, one upgradient of the 

source of contamination: two 

downgradient of the source of 

contamination: and one vertical-extent 

well immediately downgradient from 

the source but within the area of 

contamination. The monitoring wells 

installed upgradient and downgradient 

of the source of contamination must be 

located such that groundwater flow 

direction can be determined and: 

(iii) potentiometric data from all required 

wells: 

(G) the availability of public water supplies and 

the identification of properties served by the 

public water supplies within 1500 feet of the 

source area of a confirmed discharge or 

release: 

(H) the land use, including zoning if applicable. 

within 1500 feet of tlie source area of a 

confirmed discharge or release: 

(1) a discussion of site specific conditions or 

possible actions which could result in 

lowering the risk classification assigned to 

the release. Such discussion shall be based 

on information known or required to be 

obtained under this Subsection: and 

{JQ names and current addresses of all 

owners and operators of the underground 

storage tank systems for which a 

discharge or release is confirmed, the 

owner(s) of the land upon which such 

systems are located, and all potentially 

affected real property owners. 

(d) The Department shall classify the risk of each known 

discharge or release as high, intermediate or low risk unless 

the discharge or release has been classified under 

Subparagraph tc)(3) of this Rule. For purposes of this Rule: 

(1) "High risk" means that: 

(A) a water supply well, including one used for 
non-drinking purposes. has been 
contaminated by the release or discharge: 

(B) a water supply well used for drinking water 
is located within 1000 feet of the source area 
of a confirmed discharge or release: 

(O a water supply well not used for drinking 
water is located within 250 feet of the source 
area of a confirmed discharge or release: 

(D) the groimdwater within 500 feet of the source 
area of a confirmed discharge or release has 
the potential for future use in that there is no 
source of water supply other than the 
groundwater: 

(E) the vapors from the discharge or release pose 
a serious threat of explosion due to 
accumulation of tlie vapors in a confined 



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space: or 
(F) the discharge or release poses an imminent 
danger to public health, public safety, or the 
environment. 

(2) "Intermediate risk" means that: 

(A) surface water is located within 500 feet of 
the source area of a confirmed discharge or 
release and the maximum groundwater 
contaminant concentration exceeds the 
applicable surface water quality standards 
and criteria found in 15 A NCAC 2B .0200 
bx a factor of 10: 

(B) in the Coastal Plain physiographic region as 
designated on a map entitled "Geology of 
North Carolina" published by the 
Department in 1985. the source area of a 
confirmed discharge or release is located in 
an area in which there is recharge to an 
unconfmed or semi-confined deeper aquifer 
which the Department determines is being 
used or may be used as a source of drinking 
water: 

(C) the source area of a confirmed discharge or 
release is within a designated wellhead 
protection area, as defined in 42 USC 300h- 
7£eL 

(D) the levels of groundwater contamination for 
any contaminant except ethylene dibromide. 
benzene and alkane and aromatic carbon 
fraction classess exceed 50 percent of the 
solubility of the contaminant at 25 degrees 
Celsius or 1.000 times the groundwater 
standard or interim standard established in 
15A NCAC 2L .0202. whichever is lower: 
or 

(E) the levels of groundwater contamination for 
ethylene dibromide and benzene exceed 
1.000 times the federal drinking water 
standard set out in 40 CFR 141. 

(3) "Low risk" means that: 

(A) the risk posed does not fall within the high or 
intermediate risk categories: or 

(B) based on review of site-specific information, 
limited assessment or interim corrective 
actions, the Department determines that the 
discharge or release poses no significant risk 
to human health or the environment. 

If the criteria for more than one risk category applies, the 
discharge or release shall be classified at the highest 
a pplicable risk category unless the Department has 
reclassified the discharge or release pursuant to Paragraph (e) 
of this Rule. 

(e) The Department may reclassify the risk posed by a 
release if warranted by further information concerning the 
potential exposure of receptors to the discharge or release or 
upon receipt of new information concerning changed 



conditions at the site. After initial classification of the 
discharge or release, the Department may require limited 
assessment, interim corrective action, or other actions which 
the Department believes will result in a lower risk 
classification. It shall be a continuing obligation of each 
responsible party to notify the Department of any changes that 
might affect the level of risk assigned to a discharge or 
release by the Department if tlie change is known or should 
be known by the responsible party. Such changes shall 
include, but shall not be limited to. changes in zoning of real 
property, use of real property or the use of groundwater that 
has been contaminated or is expected to be contaminated by 
the discharge or release, if such change could cause the 
Department to reclassify the risk. 

Ifi If the risk posed by a discharge or release is determined 
by the Department to be high risk, the responsible party shall 
comply with the assessment and cleanup requirements of Rule 
.0106(c). £g) and ill] of this Subchapter and 15A NCAC 2N 
.0706 and .0707. The goal of any required corrective action 
for groundwater contamination shall be restoration to the 
level of the groundwater standards set forth in 15A NCAC 2L 
.0202. or as closely thereto as is economically and 
technologically feasible. In any corrective action plan 
submitted pursuant to this Subsection, natural attenuation shall 
be used to tlie maximum extent possible. If the responsible 
party demonstrates that natural attenuation prevents the 
further migration of the plume, the Department may approve 
a groundwater monitoring plan. 

(g) If tlie risk posed by a discharge or release is 
determined by the Department to be an intermediate risk, the 
responsible party shall comply with the assessment 
requirements of ISA NCAC 2L .0106 (cj aiid Ig] and 15A 
NCAC 2N .0706. As part of the comprehensive site 
assessment, the responsible party shall evaluate, based on site 
specific conditions, whether the release poses a significant 
risk to human health or tlie environment, if tne Department 
determines, based on the site-specific conditions, that the 
discharge or release does not pose a significant threat to 
human health or tlie environment, the site shall be reclassified 
as a low risk site. If the site is not reclassified, the 
responsible party shall, at the direction of the Department, 
submit a groundwater monitoring plan or a corrective action 
plan, or a combination thereof, meeting the cleanup standards 
of this Paragraph and containing the information required in 
15A NCAC 2L .0106(h) and I5A NCAC 2N .0707. 
Discharges or releases which are classified as intermediate 
risk shall be remediated, at a minimum, to a cleanup level of 
50 percent of tjie solubility of tlie contaminant at 25 degrees 
Celsius or 1.0(X) times the groundwater standard or interim 
standard established in 15A NCAC 2L .0202. whichever is 
lower for any groundwater contaminant except ethylene 
dibromide. benzene and alkane and aromatic carbon fraction 
classes. Ethylene dibromide and benzene shall be remediated 
to a cleanup level of 1.000 times the federal drinking water 
standard set out in 40 CFR 141. Additionally, if a corrective 
action plan or groundwater monitoring plan is required under 



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720 



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this Paragraph, the responsible party shall demonstrate that 
the groundwater cleanup levels are sufficient to prevent a 
violation of: 

(1) the rules contained in 15A NCAC 2B: 

(2) the standards contained in 15 A NCAC 2L .0202 in 
a deep aquifer as described in Part (d)(2)(B) of this 
Rule; and 

£3} the standards contained in 15A NCAC 2L .0202 at 

a location no closer than one year time of travel 

upgradient of a well within a designated wellhead 

protection area, based on travel time and the natural 

attenuation capacity of the subsurface materials or 

on a physical barrier to groundwater migration that 

exists or will be installed by the person making the 

request. 

In any corrective action plan submitted pursuant to this 

Subsection, natural attenuation shall be used to the maximum 

extent possible. 

(h) If the risk posed by a discharge or release is 
determined by the Department to be a low risk, the 
Department shall notify the responsible party that no cleanup. 
no further cleanup or no further action will be required by the 
Department unless the Department later determines that the 
discharge oi release poses an unacceptable risk or a 
potentially unacceptable risk to human health or the 
environment. No notification will be issued pursuant to this 
subsection, however, until the responsible party has 
completed soil remediation pursuant to Paragraph tii of this 
Rule except as provided in Paragraph Hj or as closely thereto 
as economically or technologically feasible. The issuance by 
the Department of a notification under this Paragraph shall 
not affect any private right of action by any party which may 
be affected by the contamination. 

lii Assessment and remediation of soil contamination shall 
be addressed as follows: 

(1) At the time that the Department determines the risk 
posed by the discharge or release, the Department 
shall also determine, based on site-specific 
information, whether the site is "residential" or 
"industrial/commercial. " For purposes of this 
Rule, a site is presumed residential, but may be 
classified as industrial/commercial if the 
Department determines based on site-specific 
information that exposure to tlie soi] contamination 
is limited in time due to the use of the site and does 
not involve exposure to children. For purposes of 
this Paragraph, "site" means both the property upon 
which the discharge or release has occurred and 
any property upon which soil has been affected by 
the discharge or release. 

(2) The responsible party shall submit a report to the 
Department assessing the vertical and horizontal 
extent of soil contamination. 

(3) For a discharge or release classified by the 
Department as jow risk, the responsible party shall 
submit a report demonstrating that soil 
contamination has been remediated to either the 



residential or industrial/commercial maximum soil 
contaminant concentration established by the 
Department pursuant to Paragraph (m) of this Rule. 
whichever is applicable. 
(4) For a discharge or release classified by the 
Department as high or intermediate risk, the 
responsible party shall submit a report 
demonstrating that soil contamination has been 
remediated to die lowest of: 

(A) the residential or industrial/commercial 

maximum soil contaminant concentration. 

whichever is applicable, that has been 

established by tlie Department pursuant to 

Paragraph (m) of tliis Rule: or 

(B> the "soil-to-groundwater" maximum soil 

contaminant concentration that has been 

established by the Department pursuant to 

Paragraph (m) of this Rule. 

(ji A responsible party who submits a corrective action 

plan which proposes natural attenuation or to cleanup 

groundwater contamination to a standard other than a standard 

or interim standard established in 15A NCAC 2L .0202. or to 

cleanup soil other than to die standard for residential use or 

soil-to-groundwater contaminant concentration established 

pursuant to tliis Rule, whichever is lower, shall give notice 

to: the local Health Director and the chief administrative 

officer of each political jurisdiction in which the 

contamination occurs: all property owners and occupants 

within or contiguous to tlie area containing the contamination: 

and all property owners and occupants within or contiguous to 

the area where the contamination is expected to migrate. Such 

notice shall describe the nature of tlie plan and die reasons 

supporting iL Notification shall be made by certified mail 

concurrent with the submittal of the corrective action plan. 

Approval of the corrective action plan by the Department 



shall be postponed for a period of 30 days following receipt 
of die request so that the Department may consider comments 
submitted by interested individuals. The responsible party 
or shall, within a time frame determined by the Department, 
provide the Department with a copy of the notice and proof of 
receipt of each required notice, or of refusal by die addressee 
to accept delivery of a required notice. If notice by certified 
mail to occupants under this Subsection is impractical, the 
responsible party may give notice by posting such notice 
prominently in a manner designed to give actual notice to the 
occupants. If notice is made to occupants by posting, the 
responsible party shall provide the Department with a copy of 
the posted notice and a description of the manner in which 
such posted notice was given. 

(k) A responsible party who receives a notice pursuant to 
Paragraph (h) of this Rule for a discharge or release which 
has not been remediated to the groundwater standards or 
interim standards established in Rule .0202 of this Subchapter 
or to tlie lower of die residential or soil-to-groundwater 
contaminant concentrations established under Paragraph (m) 
of this Rule, shall, within 30 days of the receipt of such 
notice, provide a copy of the notice to: the local Health 



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TEMPORARY RULES 



Director and the chief administrative officer of each political 
jurisdiction in which the contamination occurs: aU property 
owners and occupants within or contiguous to the area 
containing contamination: and aU property owners and 
occupants within or contiguous to the area where the 
contamination is expected to migrate. Notification shall be 
made by certified mail. The responsible party shall, within a 
time frame determined by the Department, provide the 
Department with proof of receipt of the copy of the notice, or 
of refusal by the addressee to accept delivery of the copy of 
the notice. If notice by certified mail to occupants under this 
Paragraph is impractical, the responsible party may give 



notice by posting a copy of the notice prominently in a 
manner designed to give actual notice to the occupants. If 
notice is made to occupants by posting, the responsible party 
shall provide the Department with a description of the manner 
in which such posted notice was given. 

£1} To the extent feasible, the Department shall maintain in 
each of the Department's regional offices a list of all 
petroleum underground storage tank discharges or releases 
discovered and reported to the Department within the region 
on or after the effective date of this rule and all petroleum 
underground storage tank discharges or releases for which 
notification was issued under Paragraph (h) by the 
Department on or after the effective date of this Rule. 

(m) The Department shall publish, and annually revise. 

maximum soil contaminant concentrations to be used as soil 

cleanup levels for contamination from petroleum underground 

storage tank systems. Maximum soil contaminant 

concentrations will be established for residential. 

industrial/commercial and soil-to-groundwater exposures. 

£1) The following equations and references shall be 

used in establishing residential maximum soil 

contaminant concentrations. Equation 1 shall be 

used for each contaminant with an EPA 

carcinogenic classification of A^ BJ_, Bl, C. D or 

E. Equation 2 shall be used for each contaminant 

with an EPA carcinogenic classification of A^ Bl. 

B2 or C^ The maximum soil contaminant 

concentration shall be tlie lowest of the 

concentrations derived from Equations i and 2^ 

(A) Equation Jj. Non-cancer Risk-based 
Residential Concentration 

Soil mg/kg ^ 15.642.86 x oral chronic 
reference dose. 

(B) Equation 2: Cancer Risk-based Residential 
Concentration 

Soil mg/kg ^ 0.6387/ oral cancer slope 
factor. 

(C) The following references or the most recent 
version of these references, in order of 
preference, shall be used to obtain oral 
chronic reference doses and oral cancer slope 
factors: 

(i) EPA. Integrated Risk Information 
System (IRIS) Computer Database: 



a) 



(ii) EPA. Health Effects Assessment 

Summary Tables (HEAST): 
(iii) EPA Region III. Risk-based 

Concentration Tables (RBC Tables). 

Office of RCRA. Technical and 

Program Support Branch. Available 

atj. 

http://www.epa.gov/reg3hwmd/index. 

html: 
(iv) EPA. 1995. Supplemental Guidance 

to RAGS: Region 4 Bulletins Human 

Health Risk Assessment, including 

future amendments: and 
(v) Other appropriate, published health 

risk assessment data, and scientifically 

valid peer-reviewed published 

toxicological data. 
The following equations and references shall be 
used in establishing industrial/commercial 
maximum soil contaminant concentrations. 
Equation 1 shall be used for each contaminant with 
an EPA carcinogenic classification of A^ BL B2^ 
C^ D or E^ Equation 2 shall be used for each 
contaminant with an EPA carcinogenic 
classification of A^ Bi^ B2 or C The maximum 
soil contaminant concentration shall be tlie lowest 
of the concentrations derived from Equations i and 

(A) Equation Jj. Non-cancer Risk-based 
Industrial/Commercial Concentration 

Soil mg/kg ^ 408.800 x oral chronic 
reference dose. 

(B) Equation 2i Cancer Risk-based 
Industrial/Commercial Concentration 

Soil mg/kg ^ 5.7232/ oral cancer slope 
factor. 

(C) The following references or tJie most recent 
version of these references, in order of 
preference, shall be used to obtain oral 
chronic reference doses and oral cancer slope 
factors: 

£i} EPA. Integrated Risk Information 

System (IRIS) Computer Database: 
(ii) EPA. Health Effects Assessment 

Summary Tables (HEAST): 
(iii) EPA Region III. Risk-based 
Concentration Tables (RBC Tables). 
Office of RCRA. Technical and 
Program Support Branch. Available 

Ml 

http://www.epa.gov/reg3hwmd/index. 
html: 
(iv) EPA. 1995. Supplemental Guidance 
to RAGS: Region 4 Bulletins Human 
Health Risk Assessment, including 
future amendments: and 



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October 15, 1997 



722 



TEMPORARY RULES 



i\l 



Ql 



Other appropriate, published health 
risk assessment data, and scientificalh 
\-alid peer-re\'ie\ved published 
loxicological data. 
The following equations and references shall be 
used in establishing the soil-io-groundwater 
maximum contaminant concentrations: 
(A) Organic Constituents: 

Soil mg/kg ^ groundwater standard or 
interim standard x 1(.02 x soil organic 
carbon-water partition coefficient) +_ 4 

±_ { 1.733 X 4i x HenPv 's Law Constant 
(atm.-m'/mole))l. 

(i) If no groundwater standard or interim 
standard has been established under 
Rule 2L .0202 of tliis Subchapter, the 
practical quantitation limit should be 
used in iieu of a standard to calculate 
the soil-io-groundwater maximum 
contaminant concentrations. 
The following references or the most 
recent version ot' these references, in 
order of preference, shall be used to 
obtain soil organic carbon-water 
partition coeftlcienis and Henr\''s Law 
Constants: 

LJLl EPA. 1996. Soil Screening 
Guidance : Technical 

Background Document. 

( EPA/540/ R95/ 1 28): 
(II) EPA. 1986. Superfund Public 
Health Exaluation Manual. 
Office of EmergencN' and 
Remedial Response 

(EPA/54G/l-86;060): 

(III) Agency for Toxic Substances 
and Disease Regisin.'. 
"Toxicological Profile for 
[individual chemical). " U.S. 
Public Health Ser\ice: 

(IV) Montgomery'. J.H. 



mi 



lYi 



(Y 



1996. 

Groundwater Chemicals Desk 
Reference. CRC Press. Inc: 
Sims. R.C.. J.L. Sims and 
S.G. Hansen. 1991. Soil 
Transport and Fate Database. 
Versio n 2.0. EPA Robert S, 
Kerr En\ironmental 

Laboratory-: and 
Other appropriate, published. 



Lfii 



peer-reviewed and scientificalh 

valid data. 
Inorganic Constituents: 
Soil mg/'kg ^ groundwater standard or 
interim standard x 1(20 x soil-water partition 
coefficient for 
pH of 5Ji ± ■^ +_ (1.733 X ii X Henr>''s 



Law Constant (atm.-m'/mole))] 
£1} If no groundwater standard or interim 
standard has been established under 
Rule 2L .0202 of this Subchapter, the 
practical quantitation limit should be 
used in lieu of a standard to calculate 
the soil-to-groundwater maximum 
contaminant concentrations. 



im 



The following references or the most 
recent version of these references, in 
order of preference, shall be used to 
obtain soil-water partition coefficients 
and Henry's Law Constants: 
UU EPA, 1996. Soil Screening 



Guidance : 
Background 
(EPA 54Q,R95: 



Technical 
Document. 



128l: 



Baes. C.F.. UL RD. Sharp. 

A.L. Sjoreen. and R.W. Shor. 

1984. A Re\iew and Analvsis 

of Parameters for Assessing 

Transport ot' 

Released 

Through Agriculture 



(III) 



(IV) 



Environmentally 
Radionuclides 
Oak 
Ridge National Laboratory: 
Agency for Toxic Substances 
and Disease Registry'. 

'Toxicological Profile for 
Imdnidual chemicall . " U.S. 
Public Health Service: 
Sims. R.C.. J.L. Sims and 
S.G. Hansen. 1991. Soil 
Transport and Fate Database. 
Version 2.0. EPA Robert S, 
Kerr Environmental 

Laboratory: and 
(V) Other appropriate, published, 
peer-reviewed and scientificalh' 
N'alid data, 
(n) Analytical procedures for soil samples required under 
this Rule shall be as follows: 

( 1) soil samples collected from a discharge or release 
of low boiling point fuels, including, but not limited 
to gasoline, aviation gasoline and gasohol. shall be 
analyzed for \olaiile organic compounds and 
additi\es using EPA Method 8260. including 
isopropyl ether and meth\'l tertiary' but>'l ether: 

(2) soil samples collected from a discharge or release 
of high boiling point fuels, including, but not 
limited to. kerosene, diesel. varsol. mineral spirits. 
naphtha. Jet fuels and fuel oil no. 1, shall be 
analyzed for volatile organic compounds using EPA 
Method 8260 and semavolatile organic compounds 
using EPA Method 8270: 

(3) soil samples collected from a discharge or release 
of hea\-y- fuels shall be anahzed for semivolatile 
organic compounds using EPA Method 8270: 



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12:8 



TEMPORARY RULES 



(4) soil samples collected from a discharge or release 
of used and waste oil shall be analyzed for volatile 
organic compounds using EPA Method 8260. 
semivolatile organic compounds using EPA Method 
8270. polychlorinated biphenyls using EPA Method 
8080. and chromium and lead, using procedures 
specified in Subparagraph (6) of this Paragraph: 

(5) soil samples collected from any discharge or release 
subject to this Rule shall be analyzed for alkane and 
aromatic carbon fraction classes using methods 
approved by the Director under Rule 2H 
.0805(a)(1) of this Chapter: 

(6) analytical methods specified in Subparagraphs (1). 
(2). (3). and (4) of this Paragraph shall be 
performed as specified in the following references 
or the most recent version of these references: Test 
Methods for Evaluating Solid Wastes: 
Phvsical/Chemical Methods. November 1990. U.S. 
Environmental Protection Agency publication 
number SW-846: or in accordance with other 
methods or procedures approved by the Director 
under 15ANCAC 2H .0805(a)(1): 

(7) other EPA-approved analytical methods may be 
used if the methods include the same constituents as 
the analytical methods specified in Subparagraphs 
(1). (2). (3). and (41 of tins Paragraph and meet the 
detection limits of the analytical methods specified 
in Subparagraphs ( 1). (2). (3). and H) of this 
Paragraph: and 

(8) metals and acid extractable organic compounds 
shall be eliminated from analyses of soil samples 
collected pursuant to this Rule, if these compounds 
are not detected in soil samples collected during the 
construction of tlie source area monitoring well 
required under Subpart (c)(4)(F)(i) of this Rule. 

(o) Analytical procedures for groundwater samples 
required under this Rule shall be as follows: 

(1) groundwater samples collected from a discharge or 
release of low boiling point fuels, including, but not 
limited to. gasoline, aviation gasoline and gasohol. 
shall be analyzed for volatile organic compounds 
using Standard Method 6210D or EPA Methods 
601 and 602. including .\ylenes. isopropyl ether and 
methyl tertiary butyl ether. Samples shall also be 
analyzed for ethylene dibromide using EPA Method 
504.1 and lead using Standard Method 3030C 
preparation. 3030C metals preparation, using a 
0.45 micron filter, must be completed within 72 
hours of sample collection: 

(2) groundwater samples collected from a discharge or 
release of high boiling point fuels, including, but 
not limited to. kerosene, diesel. varsol. mineral 
spirits, naphtha, jet fuels and fuel oil no. 1, shall be 
analyzed for volatile organic compounds using EPA 
Method 602 and semivolatile organic compounds 
plus the 10 largest non-target peaks identified using 



EPA Method 625: 

(3) groundwater samples collected from a discharge or 
release of heavy fuels shall be analyzed for 
semivolatile organic compounds plus the K) largest 
non-target peaks identified using EPA Method 625: 

(4) groundwater samples collected from a discharge or 
release of used or waste oil shall be analyzed for 
volatile organic compounds using Standard Method 
6210D. semivolatile organic compounds plus the 10 
largest non-target peaks identified using EPA 
Method 625. and chromium and lead using 
Standard Method 3030C preparation. 3030C 
metals preparation, using a 0.45 micron filter, must 
be completed within 72 hours of sample collection: 

(5) groundwater samples collected from any discharge 
or release subject to tJiis Rule shall be analyzed for 
alkane and aromatic carbon fraction classes using 
methods approved by the Director under Rule 2H 
.0805(a)(1) of this Chapter: 

(6) analytical methods specified in Subparagraphs (1). 
(2). (3) and l4i of this Paragraph shall be 
performed as specified in ttie following references 
or tlie most recent version of these references: Test 
Procedures for the Analysis of Pollutants under the 
Clean Water Act. Federal Register Vol. 49 No. 
209. 40 CFR Part 136. October 26. 1984: Standard 
Methods for the Examination of Water and 
Wastewater, published jointly by American Public 
Health Association. American Water Works 
Association and Water Pollution Control 
Federation: Methods for Determination of Organic 
Compounds in Drinking Water. U.S. 
Environmental Protection Agency publication 
number EPA-600/4-79-020: or in accordance with 
other methods or procedures approved by the 
Director under 15A NCAC 2H .08Q5(a)(l): 

(7) other EPA-approved analytical methods may be 
used if the methods include the same constituents as 
the analytical methods specified in Subparagraphs 
(1). (2). (3). and (4) of this Paragraph and meet the 
detection limits of the analytical methods specified 
in Subparagraphs (1). (2). (3). and (4) of this 
Paragraph: and 

(8) metals and acid extractable organic compounds 
shall be eliminated from analyses of groundwater 
samples collected pursuant to tins Rule, if these 
compounds are not detected in tlie groundwater 
sample collected from the source area monitoring 
well installed pursuant to Subpart (c)(4>(F)(i) of this 
Rule. 

(p) In accordance with 15A NCAC 2H .0804. laboratories 
are required to obtain North Carolina Division of Water 
Quality laboratory certification for parameters that are 
required to be reported to \he State in compliance with the 
State's surface water, groundwater and pretreatment rules. 

(q) This Rule shall not relieve any person responsible for 



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724 



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assessment or cleanup of contamination from a source other 
than a commercial or noncommercial underground storage 
tank from its obligation to assess and clean up contamination 
resulting from such discharge or releases. 

££] If the risk posed by the discharge or release has been 
classified by the Department as Class AB under 1995 (Reg. 
Sess.. 1996) c^ 648. s^ L. the discharge or release is classified 
as high risk under this Rule unless and until the Department 
reclassifies the risk posed by the discharge or release, if the 
risk posed by the discharge or release has been classified by 
the Department as Class CPE under 1995 (Reg. Sess.. 1996) 
c^ 648. s^ 1, the discharge or release is classified as low risk 
under this Rule unless and until the Department reclassifies 
the risk posed by the discharge or release, h shall be the 
obligation of the responsible party to notify the Department of 
any factors that might affect the level of risk assigned to 
Class AB or Class CDE discharges or releases by the 
Department. Responsible parties for Class AB discharges or 
releases for which a site assessment pursuant to Rule .0106 
(c) and igl has been submitted to the Department before the 
effective date of this Rule, shall continue to comply with 
notices previouslv received from the Department unless and 
until the Department determines that application of aU or part 
of this Rule IS necessary to protect human health or the 
environment or may result in a more cost effective assessment 
and cleanup of the discharge or release. If a site assessment 
pursuant to Rule .0106 (c) and (g) of this Section has not been 
submitted to the Department for a Class AB or Class CDE 
discharge or release before the effective date of this Rule, the 
responsible party shall comply with Paragraph (c) of this Rule 
unless the Department has issued a closure notice for the 
discharge or release. For discharges or releases classified as 
low risk under this subsection and for which a sue assessment 
pursuant to Rule .0106 (c) and [g} of this Section has been 
submitted to the Department prior to the effective date of this 
Rule, the Department may issue a notification under 
Paragraph (h) of this Rule if the responsible party 
demonstrates that soil contamination does not exceed 
contamination cleanup levels established by the Department in 
the "Groundwater Section Guidelines for the Investigation and 
Remediation of Soils and Groundwater" (March 1997). 

History Note: Authorm- G.S. 143-215.2: 143-215. 3(a)(1); 
143-21 5. 94A: 143-21 5. 94E: 143-215.94(7): 143-21 5. 94(V); 
143B-282: 1995 (Reg. Sess. 1996) c.648, s.l: 
Temporary Adoption Eff. January 2^ 1998. 



(Subpart F) have been adopted by reference in accordance 
with G.S. 150B-14(c). G.S. 150B-21.6. 

(b) Any corrective action undertaken in accordance with 
this Section must meet the requirements and standards 
specified in I5A NCAC 2L .0106. 2L. 



G.S. 



History Note: Authorit}' 

143B-282(2)(h): 150B-21.6; 

Eff. January 1. 1991: 

Temporary Amendment Eff. January 2^ 1998 



143-215. 3(a)(15); 



SUBCHAPTER 2N 



UNDERGROUND STORAGE 
TANKS 



.0707 CORRECTIVE ACTION PLAN 

(a) The provisions for a "Corrective action plan" contained 
in 40 CFR 280.66 (Subpart F) have been incorporated by 
reference including any subsequent amendments and editions 
with the exception of the following Paragraph. This material 
is available for inspection at the Department of Environment, 
Health and Natural Resources, Division of Envi r onmental 
Management. Water Quality. Groundwater Section, 5H 
No r th Salisbu r y St r eet, 2728 Capital Boulevard . Raleigh, 
North Carolina. Copies of 40 CFR Parts 260 to 299 may be 
obtained from the Superintendent of Documents, Government 
Printing Office, Washington, D.C., 20402 at a cost of thirty- 
one dollars (S3 1.00). 

(b) 40 CFR 280.66(a) has been rewritten to read: "At any 
point after reviewing the information submitted in compliance 
with 40 CFR 280.61 through 40 CFR 280.63, the Division 
may require owners and operators to submit additional 
information or to develop and submit a corrective action plan 
for responding to contaminated soils and groundwater. If a 
plan is required, owners and operators must prepare a plan in 
accordance with the requirements specified in 15A NCAC 2L 
.0106 , and submit it according to a schedule and format 
established by the Division. Owners and operators are 
responsible for submitting a plan that provides for adequate 
protection of human health and the environment as 
determined by the Division, and must modify their plan as 
necessary to meet this standard." 

History Note: Authority G.S. 143-215. 3(a)(15); 143B- 

282 (2) (h): 

Eff. Januar\- 1, 1991; 

Temporary' Amendment Eff. January 2. 1998. 

SUBCHAPTER 2P - LEAKING PETROLEUM 

UNDERGROUND STORAGE TANK 

CLEANUP FUNDS 

SECTION .0400 - REIMBURSEMENT PROCEDURE 



SECTION .0700 - RELEASE RESPONSE AND 

CORRECTIVE ACTION FOR UST SYSTEMS 

CONTAINING PETROLEUM OR HAZARDOUS 

SUBSTANCES 

.0701 GENERAL 

(a) The "General" provisions contained in 40 CFR 280.60 



.0402 CLEANUP COSTS 

(a) In determining whether costs expended by an owner or 

operator or landowner are reasonable and necessary, the 
Division shall consider the following: 

(1) Adequacy and cost-effectiveness of any work 

performed and technical activity utilized by the 

owner or operator or landowner in performing 



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release response, site assessment and corrective 
action. 

(2) Typical billing rates of engineering, geological, or 
other environmental consulting firms providing 
similar services in the State as determined by the 
Division. 

(3) Typical rental rates for any necessary equipment as 
determined by the Division. The amount 
reimbursed for equipment rental shall not exceed 
the typical purchase price of such equipment. 

(4) Typical costs or rates of any other necessary 
service, labor or expense as determined by the 
Division. 

(5) Whether costs expended for corrective action were 
required by 15 A NCAC 2L. 

(b) Expenditures not eligible for reimbursement shall 
include the following: 

(1) Costs of the removal and disposal of 
noncommercial underground storage tanks and 
contents removed on or after July 3, 1991, and of 
commercial underground storage tanks and contents 
removed on or after January 1, 1992; 

(2) Costs of the replacement of any underground 
storage tank, piping, fitting, or ancillary 
equipment; 

(3) Costs incurred in preparation of any proposals or 
bid by a provider of service for the purpose of 
soliciting or bidding for the opportunity to perform 
an environmental investigation or cleanup, even if 
that provider is ultimately selected to provide the 
service solicited; 

(4) Interest on any accounts, loans, etc.; 

(5) Expenses charged by the owner or operator or 
landowner in the processing and management of a 
reimbursement application or subsequent claims; 

(6) Attorney's fees; 

(7) Penalties, fees, and fines assessed by any court or 
agency; 

(8) Loss of profits, fees, and wages incurred by the 
owner or operator or landowner; 

(9) Any other expenses not specifically related to 
environmental cleanup, or implementation of a cost 
effective environmental cleanup, or third party 
bodily injury or property damage. 

History Note: Authority G.S. 143-215.3: 143-21 5. 94B; 

143-21 5. 94D: 143-21 5. 94E; 143-21 5. 94L: 143-21 5. 94T: 143- 

215.94V; 143B-282; 

Eff. February 1, 1993: 

Temporary Amendment Elf. Jamiary 2^ 1998. 

******************* 

Rule-making Agency: ENR - Coastal Resource Commission 
Rule Citation: 15A NCAC 7H .0304 - .0305 



Effective Date: October 22, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 113A-107: 113A-113; 
113A-124 

Reason for Proposed Action: To designate certain 
previously vegetated areas that lost vegetation in Hurricane 
Fran as unvegetated beach areas under 15A NCAC 7H .0304 
and to establish procedures for determining the setback 
measurement lines for these areas under 15A NCAC 7H 
.0305. 

Comment Procedures: Comments may be submitted in 
writing 60 days after the date of publication of the issue of the 
North Carolina Register. Written comments may be submitted 
to Charles Jones, PO Box 769, Morehead City, NC 28557. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR AREAS 
OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 

.0304 AECs WITHIN OCEAN HAZARD AREAS 

The ocean hazard system of AECs contains all of the 
following areas: 

(1) Ocean Erodible Area. This is the area in which 
there exists a substantial possibility of excessive 
erosion and significant shoreline fluctuation. The 
seaward boundary of this area is the mean low 
water line. The landward extent of this area is 
determined as follows: 

(a) a distance landward from the first line of 
stable natural vegetation to the recession line 
that would be established by multiplying the 
long-term annual erosion rate times 60, 
provided that, where there has been no 
long-term erosion or the rate is less than two 
feet per year, this distance shall be set at 120 
feet landward from the first line of stable 
natural vegetation. For the purposes of this 
Rule, the erosion rates shall be those set 
forth in tables entitled "Long Term Annual 
Erosion Rates updated through 1986" and 
approved by the Coastal Resources 
Commission on July 29, 1988 (except as 
such rates may be varied in individual 
contested cases, declaratory or interpretive 
rulings). The tables are available without 
cost from any local permit officer or the 
Division of Coastal Management; and 

(b) a distance landward from the recession line 



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726 



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established in Sub-Item (l)(a) of this Rule to 
the recession line that would be generated by 
a storm having a one percent chance of being 
equaled or exceeded in any given year. 

(2) The High Hazard Flood Area. This is the area 
subject to high velocity waters (including, but not 
limited to, hurricane wave wash) in a storm having 
a one percent chance of being equaled or exceeded 
in any given year, as identified as zone VI -30 on 
the flood insurance rate maps of the Federal 
Insurance Administration, U.S. Department of 
Housing and Urban Development. In the absence 
of these rate maps, other available base flood 
elevation data prepared by a federal, state, or other 
source may be used, provided said data source is 
approved by the CRC. 

(3) Inlet Hazard Area. The inlet hazard areas are 
natural-hazard areas that are especially vulnerable 
to erosion, flooding and other adverse effects of 
sand, wind, and water because of their proximity to 
dynamic ocean inlets. This area shall extend 
landward from the mean low water line a distance 
sufficient to encompass that area within which the 
inlet will, based on statistical analysis, migrate, and 
shall consider such factors as previous inlet 
territory, structurally weak areas near the inlet 
(such as an unusually narrow barrier island, an 
unusually long channel feeding the inlet, or an 
overwash area), and external influences such as 
jetties and channelization. The areas identified as 
suggested Inlet Hazard Areas included in the report 
entitled INLET HAZARD AREAS, The Final 
Report and Recommendations to the Coastal 
Resources Commission, 1978, by Loie J. Priddy 
and Rick Carraway are hereby designated as Inlet 
Hazard Areas except that the Cape Fear Inlet 
Hazard as shown on said map shall not extend 
northeast of the Baldhead Island marina entrance 
channel. In all cases, this area shall be an 
extension of the adjacent ocean erodible area and in 
no case shall the width of the inlet hazard area be 
less than the width of the adjacent ocean erodible 
area. This report is available for inspection at the 
Department of Envi r onment, Health. Environment 
and Natural Resources, Division of Coastal 
Management, 2728 Capital Boulevard, Raleigh, 
North Carolina. Small scaled photo copies are 
available at no charge. 

(4) Unvegetated Beach Area. Beach areas within the 
Ocean Hazard Area where no stable natural 
vegetation is present may be designated as an 
unvegetated beach area on either a permanent or 
temporary basis. 

(a) An area appropriate for permanent 
designation as an unvegetated beach area 
This is a dynamic area that is subject to rapid 
unpredictable landform change from wind 



and wave action. The areas in this category 

shall be designated following detailed studies 

by the Coastal Resources Commission. 

These areas shall be designated on maps 

approved by the Commission and available 

without cost from any local permit officer or 

the Division of Coastal Management. 

(b) An area that is suddenly unvegetated as a 

result of a hurricane or other major storm 

event may be designated as an unvegetated 

beach area for a specific period of time. At 

the expiration of the time specified by the 

Commission, the area shall return to its pre- 

storm designation. Areas appropriate for 

such designation are those in which 

vegetation has been lost over such a large 

land area that extrapolation of the vegetation 

line under the procedure set out in Rule 

.0305(e) of this Section is inappropriate. 

The Commission designates as temporary 

unvegetated beach areas those oceanfront areas in 

New Hanover. Pender. Carteret and Onslow 

Counties in which the vegetation line as shown on 

aerial photography dated August 8^ 9 and IT^ 1996. 

was destroyed as a result of Hurricane Fran on 

September 5^ 1996. This designation shall continue 

until such time as stable, natural vegetation has 

reestablished or until the area is permanently 

designated as an unvegetated beach area pursuant to 

Sub-item (4)(a) of this Rule. 

History Note: Authority G.S. 113A-107; 113A-113; 

113A-124: 

Eff. September 9. 1977; 

Amended Eff. December 1. 1993; November 1, 1988; 

September I, 1986; December I. 1985; 

Temporary Amendment Eff. October 10, 1996; 

Amended Eff. April 1. 1997; 

Temporary Amendtnent Eff. October 10, 1996 Expired; 

Temporary Amendment Eff. October 22. 1997. 

.0305 GENERAL IDENTIFICATION AND 
DESCRIPTION OF LANDFORMS 

(a) Ocean Beaches. Ocean beaches are lands consisting of 
unconsolidated soil materials that extend from the mean low 
water line landward to a point where either: 

(1) the growth of vegetation occurs, or 

(2) a distinct change in slope or elevation alters the 
configuration of the landform, whichever is farther 
landward. 

(b) Primary Dunes. Primary dunes are the first mounds of 
sand located landward of the ocean beaches having an 
elevation equal to the mean flood level (in a storm having a 
one percent chance of being equaled or exceeded in any given 
year) for the area plus six feet. The primary dune extends 
landward to the lowest elevation in the depression behind that 
same mound of sand (commonly referred to as the dune 



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trough). 

(c) Frontal Dunes. The frontal dune is deemed to be the 
first mound of sand located landward of the ocean beach 
having sufficient vegetation, height, continuity and 
configuration to offer protective value. 

(d) General Identification. For the purpose of public and 
administrative notice and convenience, each designated minor 
development permit-letting agency with ocean hazard areas 
may designate, subject to CRC approval, a readily 
identifiable land area within which the ocean hazard areas 
occur. This designated notice area must include all of the 
land areas defined in Rule .0304 of this Section. Natural or 
man-made landmarks may be considered in delineating this 
area. 

(e) "Vegetation Line" means the first line of stable natural 
vegetation, which shall be used as the reference point for 
measuring oceanfront setbacks. This line represents the 
boundary between the normal dry-sand beach, which is 
subject to constant flux due to waves, tides, storms and wind, 
and the more stable upland areas. It is generally located at or 
immediately oceanward of the seaward toe of the frontal dune 
or erosion escarpment. In areas where there is no stable 
natural vegetation present, this line shall be established by 
connecting or extending the lines from the nearest adjacent 
vegetation on either side of the site and by extrapolating (by 
either on-ground observation or by aerial photographic 
interpretation) to establish the line. In areas within the 
boundaries of a large scale beach nourishment or spoil 
deposition project, the vegetation line that existed before 
commencement of the project shall be used as the vegetation 
line for determining oceanfront setbacks after the project is 
completed. A project shall be considered large scale when: 

(1) it places more than a total volume of 200,000 cubic 
yards of sand at an average ratio of more than 50 
cubic yards of sand per linear foot of shoreline, or 

(2) it is a Hurricane Protection project constructed by 
the U.S. Army Corps of Engineers. 

(f) "Erosion Escarpment" means normal vertical drop in 
the beach profile caused from high tide or storm tide erosion. 

(g) Measurement line means the line from which the 
oceanfront setback as described in Rule .0306(a) of this 
Section is measured in the unvegetated beach area of 
environmental concern as described in Rule .0304(4) of this 
Section. Procedures for determining the measurement line in 
areas designated pursuant to Rule .0304(4)(a) of this Section 
shall be adopted by the Commission for each area where such 
a line is designated pursuant to the provisions of G.S. 150B. 
These procedures shall be available from any local permit 
officer or the Division of Coastal Management. In areas 
designated pursuant to Rule .0304(4)(b) of this Section, the 
Division of Coastal Management shall establish a 
measurement line that approximates the location at which the 
vegetation line is expected to reestablish by: 

(1) determining the distance the vegetation line receded 
at the closest vegetated site to the proposed 
development site: and 



(2) locating the line of stable natural vegetation on the 

most current pre-storm aerial photography of the 

proposed development site and moving this line 

landward the distance determined in Subparagraph 

(g)(1) of this Rule. 

The measurement line established pursuant to this process 

shall in every case be located landward of the average width 

of the beach as determined from the most current pre-storm 

aerial photography. 

History Note: Authority G.S. 113A-107; 113A-1 13 (b)(6); 

113A-124; 

Eff. September 9, 1977; 

Amended Eff. December 1. 1992; September 1, 1986; 

December 1. 1985; February 2, 1981; 

Temporary Amendment Eff. October 10, 1996; 

Amended Eff. January 1, 1997; 

Temporary Amendment Eff. October 10, 1996 Expired; 

Temporar\- Amendment Eff. October 22. 1997. 

Rule-making Agency: North Carolina Wildlife Resources 
Commission 

Rule Citation: 75.4 A^C^C lOF .0355 

Effective Date: October 1, 1997 

Findings Reviewed by Julian Mann: Approved 

Authority for the rule-maliing: G.S. 75A-3; 15A-15 

Reason for Proposed Action: To protect public safety by 
regulating vessel speeds in congested areas pursuant to 
authoriry conveyed by S.L. 1997-0403. 

Comment Procedures: The North Carolina Wildlife 
Resources Commission has the authority to adopt temporary 
rules pursuant to S.L. 1997-0403. This temporary rule is 
adopted following the public hearing and public comment 
period established for permanent rule adoption. A public 
hearing was held on July 18, 1997 for the permanent rule and 
the record of hearing for public comment was closed on 
August 1, 1997. The submission for pertrmnent rule is on file 
with the Rules Review Commission. 

CHAPTER 10 - WILDLIFE RESOURCES AND WATER 
SAFETY 

SUBCHAPTER lOF - MOTORBOATS AND WATER 
SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 



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(1) 
(2) 

(3) 



ii) 



.0355 PERQUIMANS COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters: 

Perquimans River: the canals of Holiday Island; 
Perquimans River: within 50 yards of the Hertford 
City Boat Ramp; 

Perquimans River: within 75 yards of the 
Perquimans River Bridge on U.S. 17 Business also 
known as the Hertford S-Shaped B r idge. Bridge; 
Yeopim River: within 75 yards of the Albemarle 
Plantation Marina Piers. 

(b) Speed Limit. No person shall operate any motorboat 
or vessel at greater than no-wake speed within the regulated 
area described in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. The Board of 
Commissioners of Perquimans County is designated a suitable 
agency for placement and maintenance of markers 
implementing this Rule. 

History- Note: Authority G.S. 75A-3; 75A-15; 

Eff. November 1, 1998: 

Amended Eff. October 1, 1992: 

Temporary Amendment Eff. October 1. 1997. 



TITLE 19A - DEPARTMENT OF TRANSPORTATION 

Rule-making Agency: Department of Transportation - 
Division of Motor Vehicles 

Rule Citation: 19A NCAC 03D .0525 

Effective Date: November 1, 1997 

Findings Reviewed by Beecher Gray: Determined that the 
agency did not meet criteria for the temporary nde. Agency 
resubmitted rule for entry into the code pursuant to G.S. 
150B-2 1.1(b). 

Authority for the rule-making: G.S. 20-2; 20-39; 20-54; 
20-183.2: 20-183. 6A 

Reason for Proposed Action: The Division of Motor 
Vehicles currently tracks emission inspections through 
computer data entered by the inspection mechanics. The 
proposed nde will require all emissions inspection stations to 
purchase bar-code scanners which will correcilx match 
vehicle identification numbers with bar codes on vehicle 
registration cards. 

Comment Procedures: Any interested person may submit 
written comments on the proposed nde by mailing the 
comments to Emilx Lee, Department of Transportation. PO 
Box 25201. Raleigh. NC 27611. within 30 da\s after the 
notice of text is published. 



CHAPTER 3 - DIVISION OF MOTOR VEHICLES 

SUBCHAPTER 3D - ENFORCEMENT SECTION 

SECTION .0500 - GENERAL INFORMATION 

REGARDING SAFETY INSPECTION OF 

MOTOR VEHICLES 

.0525 PRE-INSPECTION REQUIREMENTS 

Prior to performing an inspection, the inspection mechanic 
shall: 



(1) 
(2) 

(3) 



(4) 



Have all occupants leave the vehicle. 
Require the operator to produce the current 
registration card to the vehicle. 
Print or write legibly, use a ball point pen, and list 
the license plate number, serial number, mileage, 
number of cylinders, make, year and other required 
information for the vehicle on the Receipt and 
Statement (Form No. SI-I5) if the inspection is 
performed by the safety equipment inspection 
mechanic. If the vehicle does not have a license 
plate, "none" shall be indicated. If inspected for a 
dealership, the dealer sticker number shall be 
indicated. 

Enter all information if the inspection is performed 
by the safety equipment exhaust emission inspection 
mechanic as requested by the analyzer. AU vehicle 
identification numbers entered into the NCAS-90 
analyzer shall be entered through a "one 
dimensional" (ID) bar-code scanner capable of 
reading vehicle identification numbers and 
information printed on vehicle registration cards. 
A station's failure to maintain an operating bar- 
code scanner shall result in DMV suspending a 
station's inspection operations until the station has a 
properly functioning bar-code scanner. In the event 
the vehicle identification number is not readable by 
the bar-code scanner or is not printed on the 
registration card, the station shall enter the 
information by scanning the public vehicle 
identification number through the vehicle 
windshield or off of the driver side door or door 
post. If the vehicle identification number caimot be 
scanned through any of the methods listed in this 
Rule, it may be manually entered by entering the 
vehicle identification number correctly twice 
through manual keyboard entrv'. Stations must 
achieve a match rate to the registration data base of 
95% or greater. Failure to maintain a 95% match 
rate for more than three months of a calendar year 
shall result in a Type U penalty. 



Histor\' Note: Authority G.S. 20-2; 20-39; 20-183.2; 20- 

183.6A; 

Eff. October 1. 1994; 

Codifier determined that agency did not meet criteria for 

temporary nde Eff. September 24. 1997; 



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Temporary Amendment Elf. November 1. 1997. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 26 - NORTH CAROLINA BOARD OF 
LANDSCAPE ARCHITECTS 

Rule-making Agency: Licensing Board of Landscape 
Architects 

Rule Citation: 21 NCAC 26 .0104 - .0105, .0302, .0506 - 
.0509 

Effective Date: October 1, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 89A 

Reason for Proposed Action: Changes mandated by a 
rewritten G.S. 89A. Changes made to adjust to revised 
N.C.G.S. 89A enacted by 1997 Session of the North Carolina 
General Assembly. 

Comment Procedures: Comments may be mailed to the 
North Carolina Board of Landscape Architects, P.O. Box 
41225, Raleigh, NC 27629. 

SECTION .0100 - STATUTORY AND 
ADMINISTRATIVE PROVISIONS 

.0104 FORMS 

Forms used by the board, and available from the board 
office upon request, include the following: 

(1) Application for Registration as Landscape 
Architect, 

(2) Application for Corporate Certificate of 
Registration, 

(3) Ap p lication fo r Tempo r a r y Pe r mit, 

(3) f4)Application for Renewal of Certificate, 

(4) (5)Application for Renewal of Corporate 
Certificate. 

History Note: Authority G.S. 89A-3(c); 1508-11(1); 

Eff. February 1. 1976: 

Readopted Eff. September 30. 1977: 

Temporary Amendment Eff. October 1. 1997. 

.0105 FEES 

(a) Application fees shall be one hundred dollars 
($100.00). 

(b) The Ce r tificate of Pe r mit fo r a tem p o r a r y p e r mit shall 
be one hund r ed fifty dolla r s ($150.00). 

£blfe) Examination fees shall be four hundred fifty dollars 



($450.00) for a complete examination, and shall be paid prior 
to the examination. 

(c)ftf> Fees for portions of examinations will be based on 
the actual charges to the board for procuring, administering 
and grading the portion of the exam. The fees shall be paid 
prior to the examination. 

£d}te) The fee for license by reciprocity shall be one 
hundred fifty dollars ($150.00). 

(e)ffi The fee for a corporate certificate of registration 
shall be two hundred dollars ($200.00). 

(Htg) The fee for the armual renewal of any certificate of 
registration shall be one hundred dollars ($100.00). 

Iglfh) Annual renewal fees received after July 1 of each 
year shall be subject to the assessment of a late payment 
penalty according to the following schedule; 

(1) After July 1 - ten dollars ($10.00); 

(2) After September 1 - fifteen dollars ($15.00); 

(3) After October 1 - twenty dollars ($20.00); 

(4) After November 1 - twenty five dollars ($25.00); 

(5) After December 1 - thirty dollars ($30.00); 

(6) After January 1 - thirty five dollars ($35.00); 

(7) After February 1 - forty dollars ($40.00); 

(8) After March 1 - forty five dollars ($45.00); 

(9) After April 1 - fifty dollars ($50.00). 

(h)<T) The fee for re-issue of a lost or damaged certificate 
or permit is ten dollars ($10.00). 

History Note: Authority G.S. 89A-3(c); 89A-6; 

Eff. February 1, 1976: 

Readopted Eff. September 30, 1977; 

Amended Eff December 1, 1994; June 1. 1991; April 1, 

1990; July 1. 1989; 

Temporary Amendment Eff. October 1. 1997. 

SECTION .0300 - EXAMINATION AND 
LICENSING PROCEDURES 

.0302 TEMPORARY PERMIT 

The — board — may — issue — tem p o r ary — permits — p ending 
examination. The boa r d will conside r the education, t r aining 
and ex p e r ience of the a pp licant. No tem p o r a r y pe r mit will be 
issued o r r enewed fo r mo r e than one yea r o r two examination 
dates, whicheve r is longer. 

History Note: Authority G.S. 89A-3(c); 89A-4(c); 

Eff. February 1, 1976; 

Readopted Eff. September 30, 1977; 

Amended Eff. October 1. 1988; 

Temporary Repealed Eff . October 1. 1997. 

SECTION .0500 - BOARD DISCIPLINARY 
PROCEDURES 

.0506 IMPROPER PRACTICE BY A REGISTRANT 

(a) Preferring Charges. Any person who believes that any 
licensed professional Landscape Architect or firm holding a 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



730 



TEMPORARY RULES 



certificate of authorization is in violation of the provisions of 
G.S. 89A or the rules in this Chapter may prefer charges 
against that person or firm by setting forth in writing those 
charges and swearing to their authenticity. The charges are to 
be filed at the Board's office in Raleigh. North Carolina. 

(b) Preliminary Review: 

( 1) Upon-receipt of a properly filed charge, an 
investigation shall be initiated. 

(2) A written notice and explanation of the charge shall 
be forwarded to the person or firm against whom 
the charge is made and a response is requested of 
the person or firm so charged to show compliance 
with al] lawful requirements for retention of the 
license. Notice of ilie charge and of tlie alleged 
facts or alleged conduct shall be given personally or 
by certified mail, return receipt requested. 

£3} In tlie discretion of the secretary, a field 

investigation may be performed. 
(4) After preliminary evidence has been obtained, the 

matter shall be referred to tlie Board's re\iew 

committee which is made ug 2f Ibs following 

individuals: 

(A) one member of tlie Board. 

(B) the legal counsel of the Board, and 

(C) the secretary of the Board. 

£5] Upon review of tlie available evidence, the review 
committee shall present to the Board a written 
recommendation that: 

(A) that the charge be dismissed as unfounded or 
trivial: 

(B) when the charge is admitted as true, the 
Board accept the admission of guilt by the 
person charged and order him not to commit 
in tlie future the specific act or acts admitted 
by him and, also, not to violate any of the 
acts of misconduct specified in the [aw at any 
time in tlie future: or 

(C) the charge, whether admitted or denied, be 
presented to tlie M] Board for a hearing and 
determination by ilie Board on the merits of 
the charge in accordance with the substantive 
and procedural requirements of the 
provisions of Rule .0506 of this Chapter and 
the pro\isions of G.S. 150B. 

(c) Board Decision. Notice of the decision by the Board on 
recommendations of tlie re\iew committee shall be given to 
the pam against whom the charges have been brought and the 
part)' submitting the charge. 

(d) Settlement Conference. When the Board issues a 
citation for hearing or notice of a decision without hearing, 
the registrant ma\' request in writing a settlement conference 
to pursue resolution of tlie issue(s) through informal 
procedures. If after the completion of a settlement conference 
the registrant and Board's settlement committee do not agree 
to a resolution of tlie dispute for the full Board's 
consideration, the original administrative proceeding shall 
commence. During the course of tlie settlement conference. 



no sworn testimony shall be taken nor shall any witnesses be 
cross-examined. 

( 1) The Board's settlement committee shall be made up 
of the following individuals: 

fA) the member of tlie Board who served on the 
review committee, 
one public member from the Board. 
the legal counsel of tlie Board, and 
the secretary of tlie Board, 
review of the available evidence, the 



Ol 



(Ei 

Upon 

settlement committee shall present to the Board a 

written recommendation that: 

(A) the charge be dismissed as unfounded or 
trivial: 

(B) when the charge is admitted as true, the 
Board accept the admission of guilt by the 
person charged and order the person not to 
commit in the future the specific act or acts 
admitted and, also, not to violate any of the 
acts of misconduct specified in the law at any 
time in tlie future: or 

(C) the charge, whether admitted or denied, be 
presented to tlie ful] Board for a hearing and 
determination by the Board on the merits of 
the charge in accordance with the substantive 
and procedural requirements of the 
provisions of Rule .0506 of this Chapter and 
the provisions of G.S. 150B. 

History Note: Authority G.S. 89A-3-(c); 89A-3A; 
Temporary Adoption Eff. October 1. 1997. 

.0507 GENERAL RULES 

Whenever the Board, by its official action, acts in such a 
way as toi affect the rights, duties, or privileges of a specific 
identified party, that party, upon request: will be given an 
administrative hearing. 

History Note: Authority G.S. 89A-3-(c); 89A-3A; 
Temporary Adoption Eff. October 1. 1997. 

.0508 OPPORTUNITY FOR LICENSEE OR 
APPLICANT TO HAVE HEARING 

Every licensee or applicant for a license shall be afforded 
notice and an opportunity to be heard on any action, the effect 
of which would be: 

( 1) to den\' permission to take an examination for 
licensing for which application has been duly made. 

(2) to den\' a license based on comity. 

(3) to deny a license after an applicant has taken and 
passed an examination. 

(4) to require re-examination for licensing. 

(5) to withhold the renewal of a license for any cause 
other than failure to pay a statutory renewal fee. 

(6) to suspend a license. 

(7) to revoke a license. 

(8) to impose a civil penalty, or 



731 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



TEMPORARY RULES 



(9) to issue a reprimand. 

Hislory Note: Authority G.S. 89A-3-(c): 89A-3A; 
Temporary Adoption Eff. October 1. 1997. 

.0509 CONDUCT OF CONTESTED CASE 

(a) Failure to Appear: 

(1) If a party served with notice requests a hearing 
within the time required and fails to-appear without 
having notified the Board, and no continuance or 
adjournment is ordered, the party shall be 
considered to have waived his right to appear at the 
hearing and the Board may proceed with the 
hearing in the party's absence. 

(2) If the absent party is the only party other than the 
Board, the Board may proceed with the hearing and 
make its decision in the party's absence. 

(3) Continuances and adjournments shall be granted to 
a party only in compelling circumstances such as 
illness or other undue hardships that prevent the 
partv from appearing. 

(4} If a hearing js conducted or a decision reached in 
the absence of a partv. he may petition the Board 
for a reopening of the case. Petitions shall not be 
granted, except when petitioner can show that the 
reasons for his failure to appear were justifiable and 
that fairness requires reopening of tlie case. The 
decision made by the Board shall be in writing. A 
copy shall be sent to the petitioner and made a part 
of the record of the contested case. 

(b) Simplification of Issues. The parties to a contested 
case may agree in advance to simplify the hearing by 
eliminating issues to be contested at tlie hearing, accepting 
the validity of certain proposed evidence, accepting the 
findings in some other case with relevance to the case at 
hand, or agreeing to such otiier matters as may expedite the 
hearing. 

(c) Subpoenas: 

(1) The secretary may issue subpoenas in the Board's 
name. 

(2) Subpoenas requiring the attendance of witnesses. 
or those to produce documents, evidence or 
things, will be issued by tlie secretary within five 
business days of tjie receipt of request from a 
party to tlie case for such subpoena. 



131 



£4} 



Any person receiving a subpoena from the Board 
may object thereto by filing a written objection to 
the subpoena with the Board. Such objection 
must include a concise, but complete statement of 
reasons why the subpoena should be revoked or 
modified. These reasons may include lack of 
relevancy of the evidence requested, lack of 
particularity in tlie description of the evidence 
sought, or any other reasons sufficient in law for 
holding the subpoena invalid, such as that the 
evidence is privileged, that appearance or 
production would be so disruptive as to be 
unreasonable in light of the significance of the 
evidence sought, or other undue hardships. 
The objecting witness shall serve his objection on 
the party who requested the subpoena as soon as 
he files the objection with the Board. The party 
requesting the subpoena, within 30 days of 
receipt of the objection, may file a written 
response to the objection. The response shall be 
served in like manner as the objection. 
After receipt of the objection and response 
thereto, if any, the Board shall issue a notice to 
the party who requested and the party challenging 
the subpoena, and may notify all other parties of 
an open hearing, to be scheduled as soon as 
practicable, at which time evidence and testimony 
may be presented limited to tlie questions raised 
by tlie objection and response, if any. 
Promptly after the close of such hearing, the 
Board shall rule on the challenge and issue a 
written decision. A copy of this decision shall be 
issued to all parties and made a part of the 
record. 



Hislory Note: Authority G.S. 89A-3-(c); 89A-3A; 
Temporary Adoption Elf. October 1. 1997. 



£5] 



£6} 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



732 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursdaw October 16. 1997. 
10:00 a.m. . at 1 307 Glenwood Ave. , Assembly Room. Raleigh, NC. Anyone wishing to submit written comment on any 
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual 
Commissioners by Monday. October 13. 1997. at 5:00 p.m. Specific instructions and addresses may be obtained from 
the Rules Review Commission at 919-733-2721. Anyone wishing to address the Commission should notify' the RRC staff 
and the agency at least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Philip O. Redwine - Chairman 

Jim Funderburke 

Vernice B. Howard 

Teresa L. Smallwood 

David Twiddy 



Appointed by House 

Paul Powell - Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



October 16, 1997 
November 20, 1997 



December 18, 1997 



MEETING DATE: OCTOBER 16, 1997 

LOG OF FILINGS 

RULES SUBMITTED: AUGUST 20, 1997 THROUGH SEPTEMBER 20, 1997 



AGENCY/DIVISION 



RLXE NAME 



DHHS/DIVISION OF FACILITY SERVICES 

Definitions 

Investigation and Reporting 

Medical Orders 

Definitions 

Level I Trauma 

Level II Trauma 

Level III Trauma 

Submission of Request 

Initial Designation 

Renewal Designation 

Denial, Probation, Voluntary Withdrwl 

Procedures 

Misrepresentation 

State Trauma System Plan 

Regional Trauma System Plan 

Regional Trauma System Policy 

Source of Forms 



DHHS/DIVISION OF MEDICAL ASSISTANCE 

Medicaid Criteria/Continued Acute Stay 10 NCAC 26B .0113 



RULE 




ACTION 


10 NCAC 33 


.1001 


Adopt 


10 NCAC 33 


.1002 


Adopt 


10 NCAC 3C 


.3707 


Amend 


10 NCAC 3D 


.2001 


Adopt 


10 NCAC 3D 


.2101 


Adopt 


10 NCAC 3D 


.2102 


Adopt 


10 NCAC 3D 


.2103 


Adopt 


10 NCAC 3D 


.2104 


Adopt 


10 NCAC 3D 


.2105 


Adopt 


10 NCAC 3D 


.2106 


Adopt 


10 NCAC 3D 


.2201 


Adopt 


10 NCAC 3D 


.2202 


Adopt 


10 NCAC 3D 


.2203 


Adopt 


10 NCAC 3D 


.2301 


Adopt 


10 NCAC 3D 


.2302 


Adopt 


10 NCAC 3D 


.2303 


Adopt 


10 NCAC 3D 


.2401 


Adopt 



Adopt 



( 



733 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



RULES REVIEW COMMISSION 



DENR/SOIL & WATER CONSERVATION COMMISSION 

Best Management Practices 
Cost Share 

Technical Assistance Funds 
Cost Share Agreement 
District Program Operation 

DENR/COASTAL RESOURCES COMMISSION 

AECs within Ocean Hazard Areas 
General Identification 



15A NCAC 6E 


.0104 


Amend 


15A NCAC 6E 


.0105 


Amend 


15A NCAC 6E 


.0106 


Amend 


15A NCAC 6E 


.0107 


Amend 


15A NCAC 6E 


.0108 


Amend 


15A NCAC 7H 


.0304 


Amend 


15A NCAC 7H 


.0305 


Amend 



DENR/WILDLIFE RESOURCES COMMISSION 

Perquimans County 



15A NCAC lOF .0355 



Amend 



DENR/COMMISSION FOR HEALTH SERVICES 



Permits 


15ANCAC 18A .1937 


Amend 


Responsibilities 


15ANCAC 18A .1938 


Amend 


Non-Ground Absorption Sewage 


15ANCAC 18A .1958 


Amend 


Maintenance of Sewage Systems 


15ANCAC 18A .1961 


Amend 


Reportable Diseases 


15A NCAC 19A .0101 


Amend 


Method of Reporting 


15A NCAC 19A .0102 


Amend 


Control Measures - General 


15A NCAC 19A .0201 


Amend 


Control Measures - Hepatitis B 


15A NCAC 19A .0203 


Amend 


Control Measures - Tuberculosis 


15A NCAC 19A .0205 


Amend 


Determination of Financial Eligibility 


15 A NCAC 24 A .0202 


Amend 


STATE BOARD OF EDUCATION 








Certificate Renewal 


16 NCAC 6C 


.0307 


Amend 


Graduation Requirements 


16 NCAC 6D 


.0103 


Amend 


Testing Requirements 


16 NCAC 6D 


.0301 


Amend 


Accountability Coordinator 


16 NCAC 6D 


.0303 


Amend 


End of Course Tests 


16 NCAC 6D 


.0305 


Adopt 


Testing Code of Ethics 


16 NCAC 6D 


.0306 


Adopt 


Dispute Resolution Process 


16 NCAC 6G 


.0304 


Adopt 


Annual Performance Standards 


16 NCAC 6G 


,0305 


Adopt 


Identification 


16 NCAC 6G 


.0306 


Adopt 


Assistance Teams 


16 NCAC 6G 


.0307 


Adopt 


Due Process Protections 


16 NCAC 6G 


.0308 


Adopt 


Suspension of Powers 


16 NCAC 6G 


.0309 


Adopt 


Definitions 


16 NCAC 6G 


.0401 


Repeal 


Improvement Plans 


16 NCAC 6G 


.0402 


Repeal 


Caretaker Administrators 


16 NCAC 6G 


.0403 


Repeal 


Termination 


16 NCAC 6G 


.0404 


Repeal 


IRANSPORTATION/DIVISION OF HIGHWAYS 








Railroad Grade Crossings 


19A NCAC 2B .0242 


Adopt 


NC Route Numbers 


19A NCAC 23 .0303 


Amend 



RULES REVIEW OBJECTIONS 



COMMERCE 



Credit Union Division 

4 NCAC6C .0407 - Business Loans 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/21/97 
09/18/97 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



734 



RULES REVIEW COMMISSION 



DENTAL EXAMINERS 

21 NCAC 161 .0001 - Applications 

21 NCAC 16M .0003 - Primary Source Verification Fee 



RRC Objection 
RRC Objection 



09/18/97 
09/18/97 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



Coastal Resources Commission 

15A NCAC 7H .0208 - Use Standards 

Agency Revised Rule 
15A NCAC 7H .1204 - General Conditions 

Agency Revised Rule 

Environmental Management 

15A NCAC 2H .0225 - Conditions for Issuing General Permits 
Agency Revised Rule 

Water Pollution Controls Systems 

15A NCAC 8F .0201 - Duties and Requirements of O^vners 

15A NCAC 8F .0203 - Duties and Requirements of an Operator in Charge 

N.C. HOUSING nNANCE AGENCY 

24 NCAC IP .0103 - Types of Assistance 
Agency Revised Rule 



RRC Objection 


08/21/97 


Obj. Removed 


09/18/97 


RRC Objection 


08/21/97 


Obj. Removed 


09/18/97 


RRC Objection 


07/17/97 


Obj. Removed 


08/21/97 


RRC Objection 


09/18/97 


RRC Objection 


09/18/97 


RRC Objection 


07/17/97 


Obj. Removed 


08/21/97 



HUMAN RESOURCES 



Facility Services 

10 NCAC 3R .3033 - Open Heart Surgery Services Need Determinations (Rev. Cat. H) 



Agency Revised Rule 



RRC 


Objection 


01/16/97 


Obj. 


Cont'd 


02/20/97 


Obj. 


Cont'd 


03/20/97 


Obj. 


Cont'd 


06/19/97 


Obj. 


Cont'd 


07/17/97 


Obj. 


Removed 


08/21/97 



Medical Assistance 

10 NCAC 26B .0113 - NC Medicaid Criteria/Cont'd Acute Stay /Inpatient Psych. Facility 
Rule Withdrawn by Agency 



09/18/97 



Social Services Commission 

10 NCAC 42J .0005 - Funding for Medical Services 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/21/97 
09/18/97 



TRANSPORTATION 



Division of Highways 

19A NCAC2B .0164 - Use of Right of Way Consultants 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



07/17/97 
08/21/97 



735 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



CONTESTED CASE DECISIONS 



I his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an 
index to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. 
Copies of the decisions listed in the index and not published are available upon request for a minimal charge by 
contacting the Office of Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 
JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



AGENCY 

ADMINISTRATION 

E. Edward Gamblll v. Department of Administration 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Michael's Mini Mart v. Alcoholic Beverage Control Commission 

Everetie Craig Hornbuckle v. Alcoholic Beverage Control Commission 

Saleh Ahmed All Futhah v. Alcoholic Beverage Control Commission 

Carolyn T. Ray v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Fast Fare, Inc. 

Alcoholic Beverage Control Commission v. Mendoza Enterprises, Inc. 

Alcoholic Beverage Control Commission v. Paradise Landing, Inc. 

OFFISS, Inc v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Altaf Hussain 

Alcoholic Beverage Control Commission v. Robert Johnson 

Alcoholic Beverage Control Commission v. Masonboro County Store, Inc. 

Daniel Gary Ledbetier v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Percy Daniel Bowen 

Alcoholic Beverage Control Commission v. Bridgette Dee Williams 

Alcoholic Beverage Control Commission v, Westside Tavern, Inc. 

Alcoholic Beverage Control Commission v. Grove Park Inn Resort, Inc. 

CORRECTION 

David M. Boone v. Correction. Div. of Prison Admin. Remedy Procedure 

CRIME CONTROL AND PUBLIC SAFETY 

Delia Sherrod v. Crime Victims Compensation Commission 
Mary A. Kearney v. CPS, Victims Compensation Commission 
Beverly McLaughlin v. Crime Victims Compensation Commission 
Malcolm W. Fields v. Crime Victims Compensation Commission 
Rodney P. Hodge v. Crime Victims Compensation Commission 
Billy Steen v. Crime Victims Compensation Commission 
Clifford R. Pulley v. Crime Victims Compensation Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Linda Collie v. Lenoir County Health Department 
Leroy Anderson v. County of Moore Department of Health 
EH. Garner v. New Hanover Health Department 
Robert E. Cahoon v. Carteret County Health Department 



CASE 




NUMBER 


AU 


97 DOA 0364 


Reilly 


92 ABC 1601 


Gray 


93 ABC 0987 


Gray 


94 ABC 0264 


Gray 


95 ABC 0429 


Gray 


96 ABC 0483 


Morrison 


96 ABC 1196 


Gray 


97 ABC 0031 


Gray 


97 ABC 01 18 


Gray 


97 ABC 0312 


Mann 


97 ABC 0321 


Gray 


97 ABC 0432 


Reilly 


97 ABC 0443 


Gray 


97 ABC 0495 


Morrison 


97 ABC 0576 


Phipps 


97 ABC 0586 


Phipps 


97 ABC 0706 


Morrison 


97 DOC 0534 


Morrison 


96 CPS 0300 


Chess 


96 CPS 2033 


Becton 


97 CPS 0170 


Phipps 


97 CPS 0360 


Chess 


97 CPS 0449 


Reilly 


97 CPS 0472 


Morrison 


97 CPS 0523 


Gray 


96 EHR 0264 


Becton 


96EHR 1969 


Morrison 


96 EHR 1972 


Gray 


97 EHR 0878 


Becton 



DATE OF 
DECISION 



09/10/97 



08/18/97 
08/18/97 
08/18/97 
09/23/97 
06/18/97 
08/26/97 
06/13/97 
09/17/97 
07/29/97 
08/25/97 
09/09/97 
07/08/97 
09/24/97 
09/04/97 
09/17/97 
09/15/97 



06/16/97 



07/18/97 
09/26/97 
08/29/97 
09/12/97 
07/01/97 
07/23/97 
08/06/97 



07/16/97 
07/15/97 
08/07/97 
09/30/97 



PUBLISHED DECISION 
REGISTER CITATION 



12:07 NCR 609 



12:03 NCR 223 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



736 



CONTESTED CASE DECISIONS 



AGENCY 

Peier D- McDowell. Sr. v. New Hanover Health Depanmeni 

Riggings Homeowners Assoc. Inc. v Environment. Health. & Natural Res. 

John Ronald Taylor v Environment. Health, & Natural Resources 

Rick Parker v Pitt County Health Dept.'Mr. Ernie Nichols 

James R. Melvin v. Environment and Natural Resources 

Environmental Management 

Henry G Dail. Dail Brothers v EHNR. Environmental Management 

Maternal and Child Health 

Evan's Mini Mart v EHNR, Maternal & Child Health. Nutrition Svcs Sec, 

Solid Waste Management 

LoieJ. Priddy v. Division ol Solid Waste Management. EHNR 

Water Quality 

Castle Hayne Steering Committee v EHNR. Division of Water Quality 

and 
New Hanover County Water and Sewer District 
RAYCO Utilities. Inc , Briarwood WWTP v EHNR. Div of Water Quality 

HUMAN RESOURCES 

John & Veronica Spearman v Department of Human Resources 

New Beginnings Christian Academy v. Department of Human Resources 

Cindy G. Geho v Office of Administrative Hearings. R Marcus Lodge 

Helen Wyman v. Department of Human Resources 

DeRothea G. Williams d/b/a Dee Williams & Company, a proprietorship v 

Buncombe County Partnership for Children. Inc . a NC Nonprofit Corp.. 

NC Department of Human Resources [Division of Child Development!. 

NC Department of Environment. Health, and Natural Resources [Division 

of Maternal and Child Health) 
Linda Rouse Sharp v Department of Human Resources 
Ocelee Gibson v. Deparunent of Human Resources 
Rita Faircloth v. Department of Human Resources 

Division of Child Development 

New Hanover Cty. Comm Action v. DHR. Division of Child Development 
Cindy G Geho v Human Resources, Division of Child Development 

Division of Facility Services 

Ava McKinney v DHR. Division of Facility Services 
Mercy Egbuleonu v DHR, Facility Svcs. Health Care Personnel Reg Sec 
Mercy Egbuleonu v Human Resources. Division of Facility Services 
Kizzie Cooper v DHR, Facility Svcs, Health Care Personnel Registry Sec 
Maggie J- Barnhill v. DHR, Facility Svcs. Health Care Pers. Reg. Sec. 
Emma Faison v DHR, Division of Facility Services 
Patricia Addison v. DHR, Facility Svcs, Health Care Personnel Reg. Sec. 
Selena Louise Holley v DHR, Facility Svcs. Health Care Persl Reg. Sec. 
Claudia K Thomerson v. DHR. Facility Svcs, Health Care Pers. Reg Sec. 
Michelle R. Griffin v, DHR, Facility Svcs. Health Care Pers. Reg Sec. 
Deborah L. McBurnie v. DHR. Facility Svcs. Health Care Pers. Reg Sec. 
Kelly M Poole v DHR, Facility Svcs, Health Care Pers Reg. Sec. 
Debbie Williams V DHR, Fac Svcs, Health Care Pers Reg Sec. 
Therese Victoria Wilson v DHR, Fac Svcs. Health Care Pers. Reg. Sec. 
Notisha Utley v. DHR, Fac. Svcs, Health Care Pers Reg Sec. 
Helen T Shokoti v Human Resources, Division of Facility Services 
Jen L .\nderson v Human Resources, Division of Facility Services 
Susie A. Milsap v DHR, Facility Svcs. Health Care Pers. Reg Sec. 
Glenda Christine Taylor v DHR, Facility Svcs. Health Care Pers. Reg. Sec. 
Angela D Johnson v DHR. Facility Svcs. Health Care Pers Reg. Sec 
Cressie D. Meats v DHR. Division of Facility Services 
Mane Emma Wimbush v DHR, Facility Svcs, Health Care Pers Reg, Sec. 
Tamara Green v DHR, Fac. Svcs, Health Care Pers Reg Sec 
Jean Rossman v. DHR. Facility Svcs. Health Care Pers Reg Sec. 
Lorena Barbour v DHR, Facility Svcs, Health Care Pers Reg Sec, 

Certificate of Need Section 
Carolina Imaging, Inc'Fayetteville v DHR. Facility Svcs. Cert/Need Sec. 

and 
Cumberland Cty Hospital System. Inc.. d/b/a Cape Fear Valley Med. Clr, 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


96 EHR 2075 


Gray 


08/07/97 




97 EHR 0263 


Reilly 


08/13/97 




97 EHR 0275 


Reilly 


06/09/97 




97 EHR 0470 


Phipps 


07/01/97 




97 EHR 0682 


Phipps 


09/23/97 




96 EHR 2104 


Gray 


08/27/97 




97 EHR 0599 


Phipps 


07/14/97 




96 EHR 1838 


Morrison 


06/20/97 


12:02 NCR 103 


96 EHR 1731 


Mann 


06/30/97 




97 EHR 0018 


Chess 


09/12/97 




96 DHR 1543 


Chess 


09/12/97 




96 DHR 1925 


Reilly 


08/22/97 




97 DHR 0286 


Chess 


07/23/97 




97 DHR 0407 


Reilly 


08/08/97 




97 DHR 0424 


Morrison 


09/22/97 





97 DHR 0610 


Mann 


08/28/97 




97 DHR 0658 


Reilly 


07/22/97 




97 DHR 0900 


Reilly 


08/15/97 




97 DHR 0921 


Phipps 


09/10/97 




97 DHR 0966 


Phipps 


08/29/97 




96 DHR 2061 


Chess 


07/08/97 




97 DHR 0172 


Bee ton 


07/16/97 




97 DHR 0450 


Gray 


09/02/97 




97 DHR 0459 


Phipps 


06/09/97 




97 DHR 0465 


Gray 


07/30/97 




97 DHR 0471 


Gray 


07/15/97 




97 DHR 0521 


Mann 


07/25/97 




97 DHR 0524 


Phipps 


08/28/97 




97 DHR 0551 


Chess 


07/15/97 




97 DHR 0559 


Gray 


07/30/97 




97 DHR 0608 


Chess 


09/02/97 




97 DHR 0629 


Chess 


09/02/97 




97 DHR 0630 


Gray 


10/01/97 




97 DHR 0632 


Phipps 


08/25/97 




97 DHR 0646 


Phipps 


09/26/97 




97 DHR 0653 


Chess 


08/20/97 




97 DHR 0659 


Gray 


08/19/97 




97 DHR 0667 


Phipps 


08/25/97 




97 DHR 0681 


Gray 


08/29/97 




97 DHR 0723 


Chess 


08/06/97 




97 DHR 0793 


Chess 


08/21/97 




97 DHR 0797 


Phipps 


08/25/97 




97 DHR 0824 


Becton 


09/29/97 




97 DHR 0908 


Smith 


09/02/97 




97 DHR 0999 


Phipps 


09/11/97 




96 DHR 1570 


Phipps 


06/24/97 


12:02 NCR 



95 



i 



737 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Group Licensure Section 
Jeffreys Family Care #2 v. DHR, Facility Svcs- Group Licensure Section 

Division of Medical Assistance 

Dilladys Renec Stover v, DHR. Division of Medical Assistance 
Beitye Parson/Tambra Parson v DHR, Div of Medical Assistance 
Robert D, & Ronda M. Staton v DHR, Div. of Medical Assistance 



97 DHR 0259 Mann 



97 DHR 0560 Mann 
97 DHR 0656 Becton 

97 DHR 0660 Smith 



06/17/97 



09/16/97 
08/12/97 
09/05/97 



Division of Social Services 

Chilli Support Enforcement Section 
Dale P Sprinkle v Guilford Child Support Agency. Human Resources 
Steven Van Linker v. Department of Human Resources 
Michael R. Bryant v Deparuiient of Human Resources 
David Lee Chamblee Jr v. Department of Human Resources 
Michael T. Swann v. Department of Human Resources 
Ted Wayne Lamb v. Department of Human Resources 
Jelfrey Grainger v. Department of Human Resources 
Tollie Woods v. Department of Human Resources 
Fred Edward Stafford v Department of Human Resources 
David N- Jarrett v. Department of Human Resources 
Warren S- Olson v. Department of Human Resources 
Stanley A. Watson v. Deparmient of Human Resources 
Michael A. Isom v. Deparunent of Human Resources 
Rafael L. Garcia v Department of Human Resources 
Justin M, Woazeah. Sr. v. Department of Human Resources 
Calvin F Mizelle v. Department of Human Resources 
Tommy Lee Clark v. Department of Human Resources 
Ander L- Garfield v. Department of Human Resources 
Clarence O. Rains v. Department of Human Resources 
Jeremy Baker v. Department of Human Resources 
Hal C Morgan. Jr v. Department of Human Resources 
Paul S Cloninger v Department of Human Resources 
Edward Stuteville v. Department of Human Resources 
Lee G, Sanders Jr. v. Department of Human Resources 
David Fraizcr v. Department of Human Resources 
David Fraizer v Department of Human Resources 
David Hobson v Department of Human Resources 
John T, Spidell v Department of Human Resources 
David Scott Jordan v Department of Human Resources 
Lee R. Jones v Department of Human Resources 
Cecil Hall v Department of Human Resources 
Neil G McGilberry v Department of Human Resources 
William E. Daley Jr, v. Wake County Child Support Enforcement 
Dennis Larson v Department of Human Resources 
Eric L. Harrington v Department of Human Resources 
Paul F Gangemi. Sr. v. Department of Human Resources 
Scott M. Rodriguez v. Department of Human Resources 
James Withers v Department of Human Resources 
Evalina R. Oxendine v. Department of Human Resources 
Phillip R. Banner v. Department of Human Resources 
Patrick Orlando Crump v Department of Human Resources 
Ronald L. Hadley v Department of Human Resources 
Garland M. Jessup v, Guilford County Child Support Enforcement 
Anthony LeMar III v. Department of Human Resources 
Michael A. Norman v. Department of Human Resources 
Walter Hawk v. Department of Human Resources 
Roger G. Foster v. Department of Human Resources 
Charlie T. Smith v Department of Human Resources 
Joseph Davis v. Department of Human Resources 
Joseph Michael Eubanks v Department of Human Resources 
Vonzell Barker v. Department of Human Resources 
Charles F King v Department of Human Resources 
AC- Nash V, Department of Human Resources 
Kenneth A. Ingle v Deparmient of Human Resources 
Larie Bolton v. Department of Human Resources 
Monty G. Cox v. Randolph County Child Support Enforcement Agency 
Steven Van Linker v. Department of Human Resources 



96CRA 1171 


Gray 


08/13/97 


96 CRA 1250*- 


Becton 


07/11/97 


96 CRA 1252 


Phipps 


08/11/97 


96 CRA 1281 


Morrison 


06/16/97 


96 CRA 1326 


Chess 


06/04/97 


96 CRA 1359 


Gray 


07/10/97 


96 CRA 1376 


Reilly 


08/14/97 


96 CRA 1348*' 


Morrison 


08/04/97 


96 CRA 1407*" 


Reilly 


08/21/97 


96 CRA 1438 


Morrison 


07/10/97 


96 CRA 1440 


Phipps 


09/09/97 


96 CRA 1448*'" 


Reilly 


08/21/97 


96 CRA 1450 


Becton 


07/11/97 


96 CRA 1451 


Becton 


09/11/97 


96 CRA 1452*' 


Chess 


07/22/97 


96 CRA 1476 


Chess 


07/07/97 


96 CRA 1477 


Phipps 


08/13/97 


96 CRA 1479*" 


Morrison 


07/15/97 


96 CRA 1482 


Reilly 


08/21/97 


96 CRA 1491*-" 


Smith 


09/05/97 


96 CRA 1500 


Smith 


09/05/97 


96 CRA 1502 


Becton 


09/11/97 


96 CRA 1507*" 


Mann 


08/13/97 


96 CRA 1515 


Reilly 


09/11/97 


96 CRA 1519*'" 


Chess 


07/18/97 


96 CRA 1520*'" 


Chess 


07/18/97 


96 CRA 1522*" 


Phipps 


07/24/97 


96 CRA 1567 


Smith 


09/05/97 


96 CRA 1673 


Reilly 


07/18/97 


96 CRA 1720*' 


Phipps 


07/10/97 


96 CRA 1749** 


Mann 


07/10/97 


96 CRA 1767*" 


Becton 


07/15/97 


96 CRA 1789 


Reilly 


09/25/97 


96 CRA 1793 


Chess 


06/17/97 


96 CRA 1794 


Mann 


07/19/97 


96 CRA 1809 


Gray 


08/13/97 


96 CRA 1818'' 


Gray 


06/25/97 


96 CRA 1820 


Reilly 


07/24/97 


96 CRA 1825 


Gray 


09/10/97 


96 CRA 1826*-' 


Gray 


09/24/97 


96 CRA 1866*" 


Gray 


08/18/97 


96 CRA 1892 


Reilly 


07/18/97 


96 CRA 1898 


Becton 


07/11/97 


96 CRA 1905 


Smith 


09/05/97 


96 CRA 1915 


Gray 


09/24/97 


96 CRA 1943 


Phipps 


08/13/97 


97 CRA (J043 


Phipps 


06/19/97 


97 CRA 0280 


Reilly 


06/16/97 


97 CRA 0436*" 


Phipps 


08/11/97 


97 CRA 0477 


Reilly 


07/18/97 


97 CRA 0620 


Becton 


08/12/97 


97 CRA 0720 


Reilly 


07/30/97 


97 CRA 0788 


Gray 


09/10/97 


97 CRA 1714 


Chess 


09/25/97 


96 CSE 1220 


Reilly 


08/21/97 


96CSE 1235*" 


Becton 


08/12/97 


96 CSE 1249*- 


Becton 


07/11/97 



Consolidated Cases. 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



738 



CONTESTED CASE DECISIONS 



AGENCY 

Barry Tukes Sr. v C S E 

Monty G- Cox v. Randolph County Child Support Enforcement Agency 

Harriet Tolson v. Department of Human Resources 

Edgar C. Lewis. Jr. v. Department of Human Resources 

Willie L. Berry v. Department of Human Resources 

Tony Orlando Steele v Department of Human Resources 

Carl Locklear v. Department of Human Resources 

Tollie Woods v. Department of Human Resources 

Charles L Raynor \ . Department of Human Resources 

Robert Walker v. Intercept Tax Refunds 

Chris M. Wilson v. Department of Human Resources 

Fred Edward Stafford v. Department of Human Resources 

Stanley A- Watson v. Department of Human Resources 

Justin M. Woazeah. Sr. v. Department of Human Resources 

William A. Underhill v Department of Human Resources 

Almiron J. Deis v. Department of Human Resources 

Jeremy Baker v Department of Human Resources 

Allred Clinton Springs v. Department of Human Resources 

Ander L- Garfield v. Department of Human Resources 

Edward Stuteville v. Department of Human Resources 

Gerald A Jones v Department of Human Resources 

DaMd Hobson v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Donald Ray Archie v Department of Human Resources 

John T Spidell V Department of Human Resources 

John W. Liverman v. Department of Human Resources 

Vincent L. Martin v. Department of Human Resources 

Harlie Leonard Hardison v. Department of Human Resources 

David Fraizer v Department of Human Resources 

Golet Hollowa> . Jr v- Department of Human Resources 

Jeffrey Pierce v. Department of Human Resources 

Patrick Orlando Crump v Department of Human Resources 

William C- Rivera v. Department of Human Resources 

Lenora McCracken v Department of Human Resources 

Lee R- Jones v. Department of Human Resources 

Cecil Hall v. Department of Human Resources 

Gregory Melton v Department of Human Resources 

Neil G McGilberry v Department of Human Resources 

De\ in J. Bello v Department of Human Resources 

Phillip R. Banner v. Deparunent of Human Resources 

Scott M- Rodriguez v Department of Human Resources 

James Withers v. Department of Human Resources 

Sean Heitz v Department of Human Resources 

Nathan S Lockhart Sr, v Department of Human Resources 

Scott James Petrill v. Department of Human Resources 

Daniel E Carpenter v Department of Human Resources 

Daniel D Morse v Department of Human Resources 

Daryl E Shankle v Child Support Enforcement Agency 

Jeffrey William Strama v. Department of Human Resources 

Joseph Fernandez v Department of Human Resources 

Tommy L. Hines Sr. v Forsvth County Child Support Enforcement 

Irvan Jemal Fontenot v. Department of Human Resources 

Pearlie Blakney v. Department of Human Resources 

Leroy Grooms v . Department of Human Resources 

Sarah Chambers v Department of Human Resources 

Leroy Grooms v Department of Human Resources 

Theodore McCleese v. Department of Human Resources 

Gertru Jefferson Ward v Department of Human Resources 

John C- Henderson v Department of Human Resources 

William A Rogers v. Department of Human Resources 

Mark R. Kearney v. Department of Human Resources 

Michael J. Powell v Deparwient of Human Resources 

Joseph Davis v. Department of Human Resources 

James G. Davis v Department of Human Resources 

Randy Gavurnik v, Deparunent of Human Resources 

Curtis Leon Mock v. Department of Human Resources 

Daniel E. Carpenter v. Department of Human Resources 

Juan L. Allen v. Department of Human Resources 

Donald Mac Tipton v Department of Human Resources 

Guy R- Auger v Brunswick County Child Support Enforcement 

Andrew J. Hough v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NL-MBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CSE 1277 


Mann 


07/01/97 




96CSE 1278»" 


Becton 


08/12/97 




96 CSE 1280 


Reilly 


08/21/97 




96 CSE 1299 


Mann 


08/20/97 




96 CSE 1319 


Gray 


06/25/97 




96 CSE 1337 


Mann 


06/30/97 




96 CSE 1338 


Mann 


07/07/97 




96 CSE 1340" 


Morrison 


08/04/97 




96 CSE 1382 


Becton 


07/11/97 




96 CSE 1384 


Morrison 


07/24/97 




96 CSE 1403 


Morrison 


09/25/97 




96 CSE 1406* ' 


Reilly 


08/21/97 




96 CSE 1449»" 


Reilly 


08/21/97 




96 CSE 1453*" 


Chess 


07/22/97 




96 CSE 1455 


Mann 


07/18/97 




96 CSE 1456 


Gray 


06/25/97 




96 CSE 1460*-" 


Smith 


09/05/97 




96 CSE 1473 


Reilly 


08/21/97 




96 CSE 1480*'' 


Morrison 


07/15/97 




96 CSE 1508*' 


Mann 


08/13/97 




96 CSE 1512 


Becton 


09/11/97 




96 CSE 1521*'' 


Phipps 


07/24/97 




96 CSE 1527 


Reilly 


06/25/97 




96 CSE 1528 


Reilly 


09/24/97 




96 CSE 1558 


Becton 


07/11/97 




96 CSE 1566 


Smith 


09/05/97 




96 CSE 1568 


Becton 


07/11/97 




96 CSE 1574 


Gray 


08/04/97 




96 CSE 1578 


Becton 


08/25/97 




96 CSE 1610*'" 


Chess 


07/18/97 




96 CSE 1611 


Becton 


07/11/97 




96 CSE 1613 


Mann 


06/30/97 




96 CSE 1614*'" 


Gray 


08/18/97 




96 CSE 1622 


Mann 


06/18/97 




96 CSE 1644 


Mann 


06/30/97 




96 CSE 1719*" 


Phipps 


07/10/97 




96 CSE 1750*' 


Mann 


07/10/97 




96 CSE 1764 


Morrison 


09/17/97 




96 CSE 1766*- 


Becton 


07/15/97 




96 CSE 1774 


Phipps 


07/16/97 




96 CSE 1802*-' 


Gray 


09/24/97 




96 CSE 1817*' 


Gray 


06/25/97 




96 CSE 1821 


Reilly 


08/21/97 




96 CSE 1909 


Chess 


07/22/97 




96 CSE 1910 


Phipps 


07/16/97 




96 CSE 1914 


Morrison 


07/30/97 




96 CSE 1917*' = 


Phipps 


07/25/97 




96 CSE 1942 


Chess 


08/19/97 




96 CSE 1977 


Becton 


07/1 1 '97 




96 CSE 2043 


Becton 


07/11/97 




96 CSE 2066 


Chess 


08/21/97 




97 CSE 0015 


Reilly 


07/18/97 




97 CSE 0223 


Becton 


07/11/97 




97 CSE 0254 


Phipps 


07/24/97 




97 CSE 0258*' 


Becton 


07/18/97 




97 CSE 0278 


Morrison 


06/16/97 




97 CSE 0297*" 


Becton 


07/18/97 




97 CSE 0353 


Morrison 


08/05/97 




97 CSE 0381 


Chess 


08/22/97 




97 CSE 0408 


Smith 


09/05/97 




97 CSE 0410 


Gray 


06/25/97 




97 CSE 0417 


Reilly 


08/07/97 




97 CSE 0418 


Becton 


08/12/97 




97 CSE 0435*' 


Phipps 


08/11/97 




97 CSE 0448 


Gray 


07/28/97 




97 CSE 0454 


Morrison 


08/04/97 




97 CSE 0490 


Mann 


06/17/97 




97 CSE 0501*'- 


Phipps 


07/25/97 




97 CSE 0550 


Smith 


09/05/97 




97 CSE 0564 


Gray 


09/15/97 




97 CSE 0600 


Morrison 


07/18/97 




97 CSE 0615 


Reilly 


08/21/97 





739 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



CONTESTED CASE DECISIONS 



AGENCY 

David F. Norman v. Depariment of Human Resources 

Carvin Ray Burris v. Deparmieni of Human Resources 

Mar F. Jones v Depariment of Human Resources 

Denis J Quinn v. Deparlmenl of Human Resources 

Naihaniel D Carter v. Department of Human Resources 

Dennis W Glowers v. Department of Human Resources 

Daniel J. McDowell v. Department of Human Resources 

Walter McNeil v Department of Human Resources 

David Hohson v. Department of Human Resources 

Jerry Whitley v Mecklenburg County Child Support Enforcement 

Linda Wade-Hargrove v. Department of Human Resources 

Regina C. Sullivan v. Department of Human Resources 

Teri Lynne Lanier v Department of Human Resources 

Katrina T, Johnson v. Department of Human Resources 

INSURANCE 

Joseph J. Peacock v. Department of Insurance 

JUSTICE 

Barbara Carter Irons v. DHR. Division of Facility Services 

Imran Ramnarine v, Deparmient of Justice. Company Police Program 

Alarm Systems Licensing Board 

Kim Brian Phelps v. Alarm Systems Licensing Board 
Daniel Joseph Dunne. Ill v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas Ohnmachi. Jr v Criml Justice Ed/Training Stds. Comm. 
Jon Randolph O'Dell v. Criml. Justice Ed./Training Stds. Comm. 
James HaywotKi Mathews. Jr. v. Criml. Justice Ed. /Training Stds. Comm 
Christopher Lee v. Criminal Justice Ed. & Training Standards Comm. 
Steven Wayne Olsen v. Criminal Justice Ed & Training Standards Comm. 
Joseph Lonnie Wesson v. Criminal Justice Ed & Training Standards Comm. 
Frank Arlander Hearne v. Criml. Justice Ed. & Training Stds Comm. 
Audrey McDonald Rixigers v Sheriffs' Ed. & Training Stds. Comm. 
William Malcolm Mourino v. Sheriffs' Ed. & Training Stds Comm. 
Derrick W. Bowens v. Sheriffs' Education & Training Standards Comm, 
William Wayne McDowell v. Sheriffs' Education & Training Stds. Comm. 

Private Protective Services Board 
Private Protective Services Board v, Phillip L, Hanson 
Ronald Anthony Bobcck v. Private Protective Services Board 
Harry A. House v. Private Protective Services Board 

PUBLIC INSTRUCTION 

Nicholas Eirschcle. by his parents, Charles & Kathy Eirschele v. Craven 

County Board of Education 
Karen L. Holgersen v. Department of Public Instruction 
Meridith Kirkpatrick. by her parent, Susan Kirkpatrick and Meridilh 

Kirkpatrick, Individually v, Lenoir County Board of Education 
Alexander & Linda Brody & their son. James Brody v. Dare County 

Public Schools 
Brenda Joyce Brooks Lovely v. State Board of Education 
Norman D. Crotts v. State Board of Education 
Walter R. Bennett v State Board of Education 
Julius O. Webb v Hertford County Board of Education 
Karen Clark Ceccato v Department of Public Instruction 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 CSE 0672 


Gray 


07/28/97 




97CSE0751 


Becton 


09/11/97 




97 CSE 0777 


Phipps 


08/28/97 




97 CSE 0794 


Reilly 


09/24/97 




97 CSE 0931 


Smidi 


09/25/97 




97 CSE 0944 


Becton 


09/11/97 




97 CSE 0984 


Morrison 


09/10/97 




97 CSE 1324 


Becton 


09/11/97 




97 CSE 1747*" 


Phipps 


07/24/97 




97 CSE 2037 


Reilly 


08/21/97 




97 DCS 0365 


Becton 


07/11/97 




97 DCS 0482 


Becton 


07/18/97 




97 DCS 0738 


Smith 


09/05/97 




97 DCS 0856 


Becton 


09/24/97 




96 INS 0433 


Becton 


07/25/97 


12:04 NCR 327 


97 DOJ 0669 


Phipps 


08/27/97 


12:06 NCR 501 


97 DOJ 2071 


Becton 


06/11/97 




96 DOJ 1785 


Gray 


08/08/97 




97 DOJ 0868 


Phipps 


09/12/97 




96 DOJ 0353 


Phipps 


06/13/97 




96 DOJ 1466 


Phipps 


09/16/97 




96 DOJ 1957 


Reilly 


07/31/97 




97 DOJ 0076 


Morrison 


06/19/97 




97 DOJ 0077 


Phipps 


08/21/97 




97 DOJ 0136 


Reilly 


08/26/97 




97 DOJ 0137 


Reilly 


06/10/97 




97 DOJ 0308 


Reilly 


07/31/97 




97 DOJ 0430 


Phipps 


09/16/97 




97 DOJ 0661 


Smith 


08/29/97 




97 DOJ 0817 


Morrison 


08/22/97 




96 DOJ 0795 


Smith 


06/05/97 




97 DOJ 0476 


Morrison 


06/20/97 




97 DOJ 0727 


Phipps 


09/11/97 




96 EDC 0655 


Mann 


09/02/97 




96 EDC 0808 


Smith 


05/27/97 




96 EDC 0979 


Overby 


06/02/97 




96 EDC 1095 


Creech 


08/25/97 


12:07 NCR 581 


97 EDC 0089 


Morrison 


08/01/97 




97 EDC 01 17 


Reilly 


09/23/97 




97 EDC 0657 


Smith 


09/29/97 




97 EDC 0736 


Gray 


09/09/97 




97 EDC 0989 


Smith 


09/16/97 





STATE PERSONNEL 



Brunswick Community College 

Dr Donald W. Skinner v. Brunswick Community College 

Correction 

Rodney Jones, Paula Hawkins. James McKoy v. Dept of Correction 
Rodney Jones. Paula Hawkins, James McKoy v. Dept. of Correction 
Rodney Jones, Paula Hawkins, James McKoy v. Dept. of Correction 
Larry Wayne Pruitt, Jr. v Department of Correction 
William Hershel Bradley v Franklin Freeman, Supl Mark Hughes, 

Grant Spicer, Asst. Supt. Wade Hatley. et al. Department of Correction 
Dennis Harrell v. Depariment of Correction 
Ray Evans Joyner v. Correction, Div of Adult Probation/Parole 



97OSP0310 


Phipps 


06/12/97 


96 0SP 1051*" 


Phipps 


08/20/97 


96 0SP 1119*" 


Phipps 


08/20/97 


96 0SP 1120*" 


Phipps 


08/20/97 


96 0SP 1133 


Gray 


08/11/97 


96 0SP 1604 


Phipps 


06/19/97 


96 OSP 2039 


Chess 


06/18/97 


97OSP0100 


Becton 


09/18/97 



12:8 



NORTH CAROLINA REGISTER 



October 15, 1997 



740 



CONTESTED CASE DECISIONS 



AGENCY 

Morion Floyd v. New Hanover Departmenc of Correction 

William A Rich v Dennis Rowland (Assi. Supi ) Wake Corr. Cir DOC 

William E- McCaskill v Deparuneni of Correction 

Crime Control and Public Safety 

Carroll E, Ward v Slate Highway Patrol 

Employment Security Commission 

Broxie J. Nelson v Employment Security Commission 
Mary H Ranson v Employment Security Commission 

Human Resources 

Willie D Parks v Cherry Hospital. Department of Human Resources 
Robert Tilson Morley v Department of Human Resources 
Glen Sutton v Cumberland County Department of Social Services 
Pamela Massey v Department of Human Resources 
Clifton Dean Hill v Department of Human Resources 
Calvin E. Kaiser v. Southeastern Mental Health Center 
Troy Gaines v Durham County Mental Health Department 
Edward Percell Eason v Department of Human Resources 
Lisha Dawn Byrd v Human Resources (Western Carolina Center) 
Antonio A- Archibeque v Barbara D Whitley. Dir, Stanly County DSS 
DHR. Deaf & Hard of Hearing CNCSD. Evonne Broadnax v DHR. 
Deaf & Hard of Hearing CNCSD 



CASE 




DATE OF 


PIBLISHED DECISION 


>aJMBER 


AU 


DECISION 


REGISTER CITATION 


97OSP0152 


Gray 


06/13/97 




97 OSP 0542 


Gray 


09/02/97 




97 OSP 077U 


Becton 


09/26/97 




97 OSP 0750 


Mann 


09/16/97 




96 OSP 0378 


Becton 


07/10/97 




97 OSP 0387 


Mann 


07/24/97 




96 OSP 0617 


Phipps 


09/10/97 




96 OSP 0969 


Gray 


08/21/97 




96 OSP 1296 


Gray 


07/17/97 




96 OSP 1927 


Becton 


08/28/97 


12:06 NCR 497 


97 OSP 0007 


Phipps 


06/20/97 


12:02 NCR 107 


97 OSP 0073 


Gray 


08/08/97 




97 OSP 0347 


Mann 


08/05/97 




97 OSP 0363 


Gray 


08/15/97 




97 OSP 0491 


Morrison 


08/28/97 




97 OSP 0663 


Smith 


09/02/97 




97 OSP 0756 


Becton 


09/03/97 





Public Instruction 

Frances Phillips Melott 



Department of Public Instruction 



Transportation 

Frank A. Tice, 111 v Department of Transportation 

University of North Carolina 

Boyd S Taylor v, NC Central University 

Diane Riggsbee-Raynor v UNC at Chapel Hill 

Helen Mclntyre v. UNC-TV University of North Carolina 

Elaine P. Browne v. Winston-Salem State University 

Ann 0, Meares v. NC State University 

Darrell J Hampton v NC Central University 

Clinton A Browne v NC A&T State University 

Kenneth L. Jarman v. East Carolina University 

William A. Covington v. NC A & T State University 

Helen Mclntyre v, UNC-TV University of North Carolina 

STATE TREASURER 

Shelby H- Underwood, etal, v. Trustees Teachers/St. Emp Ret. Sys. 

TRANSPORTATION 

Audrey W Harris v Transportation. Manson/Wheat Contr,. & Wake Elec. 



95 OSP 0907 


Trawick 


97 OSP 0380 


Mann 


94 OSP 0363 


Chess 


96 OSP 0326 


Chess 


96 OSP 0822 


Gray 


96 OSP 1007 


Reilly 


96 OSP 1870 


Chess 


97 OSP 0155 


Mann 


97 OSP 0199 


Phipps 


97 OSP 0249 


Gray 


97 OSP 0686 


Becton 


97 OSP 0991 


Gray 


96 DST 0390 


Reilly 


97 DOT 0566 


Gray 



06/09/97 



09/05/97 



09/12/97 
06/04/97 
09/26/97 
09/24/97 
09/22/97 
08/11/97 
09/18/97 
09/26/97 
08/29/97 
09/26/97 



08/05/97 



07/28/96 



12:01 NCR 39 



( 



741 



NORTH CAROLINA REGISTER 



October 15, 1997 



12:8 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the 
North Carolina executive branch of government has been assigned a title number. Titles are further broken 
down into chapters which shall be numerical in order. Tlie other two, subchapters and sections are optional 
subdivisions to be used by agencies when appropriate. 



TITLE 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



72:5 



NORTH CAROLINA REGISTER 



October 15, 1997 



742 



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( 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTION 



CODE 



ANNUAL 
SUBSCRIPTION PRICE 



Tirie 1 - Dept. of AdministraHon - Complete Title 201 00 001 

Division of Purchase & Contract 201 10 051 

Federal Block Grant Funds 201 10 331 

TiHe 2 - Dept. of Agriculture - Complete Title 202 00 00 1 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Title 3 ■ Dept. of State Auditor - Complete Title 203 00 001 

Title 4 - Dept. of Commerce - Complete Title 204 00 001 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial Commission/Workers Compensation 204 15 101 

Savings Institutions Division 204 15 161 

Title 5 - Dept. of Corrections - Complete Title 205 00 001 

Division of Prisons 205 15021 

Title 6 - Council of State - Complete Title 206 00001 

Title 7 - Dept. of Cultural Resources - Complete Title 207 00 001 

Title 8 - State Board of Elections • Complete Title 208 00 001 

Title 9 • Offices of ttie Governor & Lt. Governor - Complete Title 209 00 001 

TiHe 1 - Dept. of Human Resources - Complete Title 21 00 001 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

Mental Health & Rehabilitation Services 210 20 301 

Social Services 210 20 401 

Children Services/Day Care 210 20 41 1 

Services for the Aging 210 20 421 

Services for the Blind 210 20 431 

Services for the Deaf & Hard of Hearing 210 20 441 

Employment Opportunities 210 20 451 

Title 11 - Dept. of Insurance - Complete Title 21 1 00 001 

Insurance 211 10 011 

Consumer Services 211 10 041 

Fire & Rescue Services 21110 051 

Agent Services 21110 061 

Engineering & Building Codes 211 10 081 

Title 1 2 - Dept. of Justice - Complete Title 2 1 2 00 00 1 

Private Protective Services 212 10 071 

Police & Sheriffs Education & Training Standards 212 10 091 

NC Alarm Systems Licensing Board 212 10 111 

Title 1 3 - Dept. of Labor - Complete Title 2 1 3 00 00 1 

Mine & Quarry Safety 213 15 061 

General Safety/OSHA 213 20 001 

Wage & Hour Rules 213 15 121 

Boiler & Pressure Vessel Safety 213 15 131 

Apprenticeship & Training 213 15 141 

Elevator & Amusement Device Safety 213 15 151 

Title 1 4A - Dept. of Crime Control & Public Safety - Complete Title 2 1 4 00 00 1 

Alcohol Law Enforcement 214 00 081 

Victims Compensation Fund 214 00 111 

Title ISA ■ Dept. of Environ., HeaWi, & Nat. Resources - Complete Title 215 00 001 

Environmental Management 215 15 001 

Air Quality 215 15 101 

Water Quality 215 15 201 

Land & Waste Management 215 15 301 

Solid Waste Management 215 15311 



$90.00 

S30.00 
$25.00 

$140.00 

$35.00 
$30.00 
$30.00 
S30.00 
$30.00 

$25.00 
$125.00 

$45.00 
$45.00 
$25.00 
$25.00 
$30.00 
$35.00 

$70.00 

$35.00 

$30.00 
$60.00 
$30.00 
$45.00 
$470.00 

$95.00 

$40.00 

$110.00 

$185.00 

$55.00 

$45.00 

$40.00 

$25.00 

$45.00 

$90.00 

$80.00 
$30.00 
$25.00 
$35.00 
$30.00 

$90.00 

$30.00 
$40.00 
$30.00 

$110.00 

$25.00 
$70.00 
$25.00 
$25.00 
$25.00 
$25.00 

$45.00 

$25.00 
$25.00 

$395.00 

$165.00 

$90.00 

$85.00 

$85.00 

$50.00 



DESCRIPTON 



CODE 



ANNUAl 
SUB$CRJPTK)N PRICE 



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